Newkirk v. City of Tipton

This is a suit for damages for an alleged diminution in the market value of plaintiff’s land, as a direct result of the construction by1 the defendant City of Tipton, in 1934 and 1935, of a sewer system and disposal plant, and the discharge of the effluent therefrom into, and the consequent contamination of, a stream which flows from the point of discharge for a distance of about three hundred feet, and thence into and through plaintiff’s land. The petition herein was filed on March 18, 1938.

Defendant’s answer, after admitting the construction of the sewer system at the time alleged, and…