MacDonald v. Perry

W. H. Perry, E. P. Perry and Othello L. Perry, hereinafter called plaintiffs, brought suit against the city of Phoenix, a municipal corporation, hereinafter called the city. The complaint charged, in substance, that the septic tanks owned and operated by the city for the purification of its sewage were insufficient in number and capacity; that the waters discharged therefrom were impure and filthy, giving off an extremely offensive odor; and that the city permitted such waters to run down open ditches and canals along the southern side of plaintiff’s property, so that the odors emanating from…