City of Evansville v. Decker

The complaint alleges that the appellant so ¡unskilfully and negligently constructed a sewer as to cause water to flow upon and injure the property of the appellee.

A single objection is urged against the complaint. The ¡appellant’s counsel asserts that it is defective because it shows that the only unskilfulness or negligence on the part of the •corporate officers was in devising the plan of the sewer. The •objection can not prevail. It is well settled that a municipal corporation is liable for negligence in devising a plan for a sewer, as well as for negligence in carrying the plan into…