City of Muskogee v. Turner

Broadway runs east and west in the city of Muskogee. The plaintiff owns business property on the south side of that street. On the east of plaintiff’s property an alley runs north and south, letting into Broadway. A theatre is situated on the east part of plaintiff’s property, facing north on Broadway and with its east side on the alley. West of the theatre the ground floor consists of rooms for stores and shops.

The defendant city of Muskogee owns and operates a municipal water plant. For many years it has supplied water to the plaintiff’s property, there being a meter in the sidewalk in…