Riggs v. Ketner

Opinion op the Court by

Judge Sims

Affirming,

Appellants, William V. Eiggs and wife, Mary, instituted this - action against Flora C. E. Ketner to enjoin her from draining water onto their lot and to recover $1,500 damages. By answer and counter-claim Miss Ketner asserted a prescriptive right to drain water from her lot through a pipe which ran under appellants ’ lot and emptied into a city sewer. She asked that appellants be mandatorily enjoined to remove an obstruction they placed in this pipe, that they be required to restore the pipe to its former condition and that she recover $2,000 damages.