Brown v. Sandwood Development Corp.

Rhodes, Justice:

This action in negligence was initiated by respondents to recover property damages resulting from the drainage of a pond upon their property. The appellant, Sandwood, demurred on the ground that the complaint fails to state a cause of action and now appeals the overruling of that demurrer.

The complaint alleges that the plaintiffs-respondents are all owners of residential home sites surrounding and including a pond on Block E, which is a block in a subdivision developed by Sandwood. Sandwood acquired title to the tract of land in question in the early 1960’s, had the property…