City of Bloomington v. Murnin

The declaration in this case avers in substance that the city so wrongfully built and used a certain sewer, as by the stench arising from noxious and offensive matter thereby carried, accumulated and left near the premises and residence of plaintiff, appellee, greatly to depreciate their value and injure him in respect to their use; and the trial, upon the issue of not guilty, resulted in a verdict and judgment in his favor for $400 damages. We see little in the record but questions of fact, as to which the most that can be fairly claimed on behalf of appellant is that the evidence was…