Toebbe v. City of Covington

Opinion of the Court by

Judge Lassing

Affirming.

J. H. Toebbe is tbe owner of property’on 19th street in the city of Covington. In 1903 a sewer was constructed in 19th street. In 1906 a drain pipe was laid from Toebbe’s property to this sewer, the sewer was tapped and the pipe attached. In November, 1910, Toebbe and his wife brought a suit against the city of Covington, in which they sought to recover damages alleged, to have been sustained by reason of the city’s .permitting the said sewer to become closed or stopped up, whereby water was caused to back up into the cellar. The city denied…