City of Valparaiso v. Parker

Appellant brought this proceeding under the act of 1891 (Acts 1891, p. 304), sections 3598-3606, Burns’ R. S. 1894, to procure an outlet for the drainage of said city. Upon a trial of said cause by the court, a judgment was rendered against appellant dismissing said proceeding.

*380It is set forth in the petition that the drain petitioned for commences at the outlet of the present sewer, and that it is to obtain an outlet for the waters and sewerage of said city which accumulates at and near the outlet of said sewer, and “that the drain is necessary to effectually drain and carry off the sewerage…