McCarthy v. Nicrosi

-The present case is an action of trespass, brought by the appellee, Nicrosi, against one McCarthy and others, for obstructing a sewer running through defendants’ premises, in such manner as to cause the rain water to flow back on plaintiff’s premises, thereby resulting in certain damages-which are specially averred in the complaint. The only items of actual damage proved were — 1st, the cost of constructing another sewer, for the future drainage of plaintiff’s lot; 2d, the expense incurred in building the sewer obstructed, which was built, or repaired, under license from the defendant,…