Gundy v. Village of Merrill

Lawrence Gundy and wife, plaintiffs, reside on their farm in the township of Jonesfield, Saginaw county, a little over a mile east of the easterly boundary of defendant village of Merrill. The defendant C. F. Burger Creamery Company owns and operates a milk and creamery plant just outside of the village in the direction of plaintiffs’ farm. Plaintiffs claim that one of the outlets of the village sewer runs into a closed tiled drain, that this in turn empties into the open drain or ditch which crosses plaintiffs’ farm, and that foul matter and corruption coming from the sewer stagnates in…