City of Madisonville v. Nisbit

Opinion of the Court by

Judge Willis

Affirming.

James Franklin Nisbit owns a farm in Hopkins county near the city of Madisonville. He instituted an action against the city to recover damages for injury to his farm as the result of a nuisance created by the city. It was alleged that the city had constructed a system of sanitary sewers which emptied foul waste matter into Flat creek near the property of plaintiff, and that, by reason of the pollution of the open creek, the value of his farm was practically destroyed. A motion by the city to make the petition more specific in certain respects was…