Whiting v. Smith

PETROPLUS, JUDGE:

In this case Petitioner seeks damages in the amount of $7,500.00 for trespass to his property, charging Respondents with negligence in the construction and maintenance of a storm sewer or drain on the property of Glenville State College directly opposite Petitioner’s property. It is alleged that the sewer collected and diverted a flow of water toward Petitioner’s property with such volume and intensity as to erode the earth and wash away a portion of a City Street between the properties and cause movement of soil, land and debris to flow towards and on to Petitioner’s…