Linck v. Whipple

This was an action on the case. The declaration in the first count alleged an injury to the dwelling house of appellant from water flowing against it from appellees’ buildings, caused by defective drain pipes and tiles; and the second alleged that appellees used a certain back yard as a privy, and allowed and suffered filth, foul water, etc., to accumulate therein, causing offensive odors to prevail in the immediate vicinity of appellant’s dwelling- house and kitchen.

The questions were sharply contested, and the evidence conflicting, and the jury found against appellant.

We are not entirely…