Chase v. City of Winterset

I. Appellee is the owner of, and resides upon, a lot in the northwest corner of a block in the city of Winterseh The residence fronts north on Filmore Street, and adjoins Third Street on the west. ■ Appellant, sometime prior to the commencement of this action, constructed a storm sewer on Third Street, which discharges into an open ditch on Filmore Street at the northwest comer of appellee’s lot. The storm sewer is constructed of 24-inch tile. A large number of .cesspools and septic tanks are discharged into the storm sewer, and it is claimed by appellee that the contents thereof are…