City of Salem v. Harding

By his petition, plaintiff has grounded his action upon a claim of negligence on the part of the city, and has assigned eight different grounds of negligence. The error for which the Court of Appeals reversed relates to the act of the health officer of the city, in conjunction with an employe of the service department of the city, in plugging the outlet of the Brooks sewer and causing the water to recede until it acquired sufficient pressure to force its way through the intervening soil into the gravity line. There was evidence tending to show that, while the work was done by the health…