City of Logansport v. Cotner

The appellees brought this action against the appellant for damages occasioned by surface-water collecting on their premises and seeping into their basement by reason of the obstruction of a surface-water sewer or drain lying wholly within the limits of the city, and constructed under the provisions of Section 8722, et seq., Burns 1914 (Section 10566, Burns 1926), and paid for entirely by assessment as for special benefits against adjoining property. There was a verdict and judgment for the appellees.

The evidence is not before us and we must take the allegations of the complaint as true…