WEATHERS v. CITY OF SPRINGDALE

No. 5-3561.

390 S.W.2d 125 (1965)

Sam WEATHERS et ux., Appellants, v. CITY OF SPRINGDALE, Appellee.

Supreme Court of Arkansas.

May 24, 1965.


Attorney(s) appearing for the Case

Rex W. Perkins, Dickson, Putman, Millwee & Davis, Fayetteville, for appellants.

Crouch, Blair & Cypert, Springdale, for appellee.


JOHNSON, Justice.

This is an appeal from a summary judgment.

Appellants Sam Weathers and Margaret Weathers are the owners of a dairy farm in Benton County. On December 30, 1963, appellants filed suit against appellee City of Springdale alleging a taking of and/or damages to their land occasioned by the city's continued conduct of dumping raw sewage into a mountain stream which traverses the land of appellants; that this activity of the city has so polluted...

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