Bearcreek Township of Jay County v. DeHoff

Draper, J. —

The appellants brought this action against the appellees, alleging the installation in the year 1912 of the Bryant Drain; that each of the appellants were assessed for the construction of said drain and that each of the appellants with the exception of the Town of Bryant have placed upon their properties water-flushed toilets which connect with septic tanks or cesspools which in turn drain into the Bryant Drain ; that the appellees have placed an obstruction in the Bryant Drain by reason of which the septic tanks and cesspools no longer function, thus causing the premises of the…