Town of Smithfield v. City of Raleigh

Does C. S., 7125, impose upon the trial judge the mandatory duty of enjoining a municipality from discharging raw sewage into a stream from which another municipality takes its water supply ?

There were no exceptions taken to the findings of fact made by the trial judge. The pertinent findings were: (a) That the discharge of raw sewage into Neuse River, in view of the facts and circumstances, had produced no injury to the plaintiff, and there were no facts tending to sbow immediate menace to the inhabitants of the plaintiff municipality; (b) that the defendant is not in a financial condition…