Somerset W., L. & T. Co. v. Hyde

Opinion op tee Court by

¥k. Rogers Clay, Commissioner —

Reversing.

This is' an action on the part of appellee^ Mattie T. Hyde, wherein she seeks a mandatory injunction requiring appellant to abate a nuisance caused by the discharge of sewage on appellee’s premises through, pipes constructed and maintained by appellant. The injunction was granted by the trial court; and, from that judgment, the Somerset Water, Light & Traction Company prosecutes this appeal.

The facts, briefly, are as follows: A number of years ago certain citizens of Somerset formed a company for the purpose of constructing a…