Scott v. City of Marshall

This is an action in two counts, the first at law for damages, and the second in equity for a mandatory injunction. The allegations in both counts are identical, differing only in the character of the relief prayed, and are bottomed upon the alleged destruction by defendant of a natural drain by filling and causing it to be filled up, by the negligent and wrongful construction of an inadequate sewer therein and adjacent thereto, to the damage of plaintiff’s property.

The facts of record are that plaintiffs are husband and wife and they were the owners of lot 6, block 2, Hudson’s addition to…