Talbert v. City of Winchester

Opinion op the Court by

Sims, Commissioner

Affirming.

The appellants, plaintiffs below, own a house and lot in Winchester, Ky., which fronts 50 feet on the east side of North Highland Street and runs back 120 feet to Kerr’s Alley. They brought this suit in equity against appellee, City of Winchester, defendant below, alleging that for five years immediately preceding the bringing of this suit the city wrongfully constructed and maintained a pipe, or culvert, which leads the wa ter from a ditch the city wrongfully dug on the east side of this alley to a ditch on the west side thereof, with such…