Miller v. Borough of New Oxford

Opinion by

Parker, J.,

This is a proceeding in equity brought by the plain tiff, a property owner, asking for a mandatory injunction requiring the defendant borough to repair a break in a private sewer laid by plaintiff in a public, street. The bill alleged that plaintiff, the owner of a house and lot in the borough of New Oxford, had in 1884 laid a private sewer from his premises for a considerable distance on and along what was then a turnpike, to a point where it discharged on the property of a railroad company; that in 1904 the turnpike was, by decree of court, made free of tolls, and the…