White v. Brock

CATINNA, Commissioner.

The Bell Circuit Court dismissed the complaint, as amended, of L. B. White and Prilla White because it failed to state a claim upon which relief could be granted. The Whites appeal.

The complaint, as amended, stated:

White owned real property in Middles-boro, Kentucky, which abutted on both sides of South 35th Street. There was an en-bankment near the north line of the White property.

During the summer of 1968 Brock contracted with the city to construct a storm-sewer system. The system required the laying of a concrete pipe under South 35th Street, including that section…