Kind v. Johnson City

COOPER, P. J. (E. S.).

William R. Kind and wife Earlean Kind brought this suit against the City of Johnson City to recover damages to real and personal property allegedly resulting from a diversion of surface water onto complainants’ property through a drainage system referred to as a “concrete box” constructed by the defendant City. Complainants alleged, in substance, that the drainage system was negligently built and negligently maintained and constituted a nuisance which posed a constant threat to the property of the complainants and caused extensive damage by flooding, on September 7, 1969.