City of New Cordell v. Lowe

BLACKBIRD, Chief Justice.

A sewer line, referred to hereinafter as the “branch line” funneled sewage from the residence of the defendants in error, hereinafter referred to as plaintiffs, into one of the sewer mains, or main lines, of plaintiff in error, hereinafter referred to as defendant. On March 8, 1961, this main became clogged, and raw sewage backed up through the branch line into the residence, inundating its floors with about 4 inches of watery, foul-smelling refuse.

Thereafter, on the same day, employees of the defendant city assisted plaintiffs in draining off, and attempting to wash…