City of West Point v. Womack

Appellee instituted this suit in the circuit court of Clay county against the City of West Point, seeking to recover damages alleged to have been sustained by him by reason of the emptying of sewage from an open mouth sewer onto the land of appellee and into an open ditch or creek flowing through and adjacent to lands of the appellee, which constitute his homestead. There was a verdict and judgment in favor of appellee for $500, from which the city prosecuted this appeal.

In the year 1915, the owner of block 149 in the City of West Point, which block contained about 49 acres, by warranty deed,…