Dail v. Adams Building Corp.

On Second Petition for Rehearing.

Upon careful consideration of the record in the above case, I am convinced that the second petition for rehearing herein should be granted.

This action was commenced by plaintiff, E. D. Dail, against Adams Building Corporation and the city of Tulsa for damages against the first named defendant and for mandatory injunctive relief or, in the alternate, damages against the city of Tulsa.

Plaintiff, in his amended petition, alleged that in 1928 his predecessor in title constructed a private sewer from a point near the city limits of Tulsa, along a county highway to…