Appellant comes to this court by way of interlocutory appeal from the denial of its motion for a summary judgment. We reverse.
Appellee filed his complaint against appellant, alleging damages by virtue of a nuisance created and maintained by appellant. The alleged nuisance was a city sewer line that backed sewage up into appellee’s home
one
time. Appellee testified that the
one
and
only
time sewage backed up into his home was February 7, 1977. There being no evidence here to establish that the City of LaGrange had created or was maintaining a nuisance, the trial court erred in denying appellant’s motion for summary judgment. The case of
City of East Point v. Terhune,
Judgment reversed.
