Fox v. Rogers

This is an action of contract to recover for laying a drain from two houses of the defendant to a private sewer in the street in front, for the purpose of draining the surface water of the cellars, and for no other purpose. The judge, before whom the case was tried, found for the plaintiff, and it is conceded that the finding was warranted unless “ the maintenance of the present action is contrary to the policy of the law.” The principal matter reliéd on is that the pipes within and outside the building were Akron earthenware pipes, and not cast iron, as required for drain pipes by St. 1892,…