Fryar v. Hamilton County

Plaintiff in error sued Hamilton County, the County Superintendent of Eoads, and the County Highway Commission for damages to his land caused by overflow of surface water from ditches and drains along the highway. He stated in the declaration that it was the dirty of defendants to maintain the road and set forth their failure to keep open and in repair the ditches and drains where it passed near his property, causing the water to concentrate in unusual quantities along the east boundary of his land where it was discharged, hooding the land and impairing the use of his buildings.

It was charged…