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CITY OF SPRINGDALE v. WEATHERS

No. 5-4047.

410 S.W.2d 754 (1967)

CITY OF SPRINGDALE, Arkansas, a Municipal Corporation, Appellant, v. Sam WEATHERS and Margaret Weathers, husband and wife, Appellees.

Supreme Court of Arkansas.

Rehearing Denied February 20, 1967.

Attorney(s) appearing for the Case

Little & Enfield, Bentonville, and Crouch, Blair & Cypert, Springdale, for appellant.

Putman, Davis & Bassett, Fayetteville, for appellee.

WARD, Justice.

This litigation concerns damages to a dairy farm caused by the discharge of sewage from a disposal plant owned by the City of Springdale. The sewage polluted Spring Creek which ran through appellees' farm, allegedly causing permanent damage to its use as a dairy farm.

On December 30, 1963 appellees, Mr. and Mrs. Sam Weathers, filed suit against appellant, City of Springdale, asking for damages in the sum of $175,000. On December 15, 1965, after...

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