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CITY OF FORT SMITH v. TAYLOR

No. 5-1457.

310 S.W.2d 13 (1958)

CITY OF FORT SMITH, Appellant, v. Jimmie TAYLOR, Appellee.

Supreme Court of Arkansas.

February 17, 1958.

Attorney(s) appearing for the Case

Pettus A. Kincannon, Lem C. Bryan and Warner, Warner & Ragon, Ft. Smith, for appellant.

Gean, Gean & Gean, Ft. Smith, for appellee.

GEORGE ROSE SMITH, Justice.

This is a dispute over the ownership of a sewer main, a mile or more in length, which lies along Old Greenwood Road in the city of Fort Smith and drains into the city's sewer system. The main was installed by the appellee, who contends that it will remain his private property until he has recouped his construction costs by means of connection charges imposed upon lot owners who utilize the main. The city insists that the sewer became city...

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