McCabe v. Village of Waterville

Plaintiff complains that by changing the grade of the street in front of his house the defendant has caused the surface of the street to be so low that the service pipe leading from the defendant’s water main to his house freezes in cold weather, thereby impairing the service which defendant owes him and causing him damage in that he has to keep the water running to waste in order to keep the service pipe from freezing.

Plaintiff asks that defendant be compelled to abate the nuisance thereby caused and be restrained from taxing him for water necessarily wasted by him in an effort to keep his…