Monday v. Knox County

Complainant, Elizabeth Monday, appeals from the action of the Chancellor in sustaining’ a petition to dismiss (treated as a demurrer) filed by defendant, Knox County, and dismissing the original bill.

The original bill alleges defendant, by failure to provide adequate drainage in the construction of a new highway near complainant’s property, has caused excessive amounts of water to collect on complainant’s property all to complainant’s damage. The bill also alleges defendant has created a private and public nuisance and seeks a mandatory injunction to have the nuisance abated.

The Chancellor,…