Johnston v. Town of Chelsea

DAVISON, Justice.

This is an appeal by H. H. Johnston and Mattie Johnston, husband and wife (plaintiffs below), from an order of the lower court sustaining the motion of Town of Chelsea (defendant below) for a directed verdict in favor of defendant. Plaintiffs’ action was for damages for loss and damage to cattle allegedly caused by drinking sewage of defendant from a creek that had its course through plaintiffs’ land.

Plaintiffs’ petition and amendment to petition alleged that for a number of years defendant had been running treated sewage through their land, but that in 1956 and subsequent…