City of Lebanon v. Twiford

The appellee brought this action against the appellant to recover damages for injuries done his real estate caused by overflowing waters. The first assignment of error calls in question the sufficiency of the complaint.

The complaint alleges, in substance, that for twenty-five years the plaintiff was the owner of a tract of real estate consisting of about one acre situate within the corporate limits of the city of Lebanon; that said real estate is what is known as low or swamp land and was used by the plaintiff for gardening purposes; that prior to the grievances complained of, the plaintiff…