Town of Davis v. Thomason

Defendant in error filed his action in the district court of Murray county for damages against plaintiff in error caused by the negligence of plaintiff in error in the construction and operation of its septic tank in connection with its sewer system in proximity to the farm of defendant in error, and from the verdict of the jury and judgment in favor of defendant in error, plaintiff below, the town of Davis, prosecutes this appeal.

Counsel for plaintiff in error presents his assignments of error under three propositions, the first of which is that the court erred in refusing to give an…