A. & D. S. Realty Corp. v. Kass

With the permission of the city, plaintiff built a private sewer in a public street to connect its property with the city sewer in another street several hundred feet distant. Later *736plaintiff sold its property. Still later, with the permission of the city, the defendants owning property on the same street made a connection with the sewer plaintiff had built. Defendants did not have plaintiff’s consent, but had the consent of the owner of the property which had formerly belonged to the plaintiff. Plaintiff seeks to prevent defendants from using the sewer. But plaintiff has no right to it. Even…