City of Champaign v. Forrester

The declaration alleged in substance that the city had control of a certain sewer which was constructed solely for the purpose of carrying water from certain streets, and that it was its corporate duty to so control and manage the sewer as to inflict no injury upon the plaintiff, yet that the city did knowingly authorize and permit divers persons and owners of property adjacent to said sewer and to other sewers emptying therein, to connect therewith and drain into it divers privies and cess-pools, in violation of the ordinances of the city, whereby filth was carried into an open ditch in the…