Burton v. Bradshaw

Opinion of the Court by

Chief Justice Clay

Affirming.

There is a sewage line running under and across "the lot of F. E. Bradshaw, and emptying into a sink hole on the lot of J. L. Burton. Bradshaw brought this action against Burton to enjoin him from interfering with his right to open up the sewage line, and to require Burton to remove the obstruction. From a judgment granting the relief prayed, Burton appeals.

The facts are these: About 30 years ago Mrs. Tutt erected residences on four lots owned by her in the town of Burnside. At the same time she constructed a sewage, line across each of the…