Munson v. Metz

Opinion by

White, P. J.

§ 245. Obstructing sewer, nuisance. A party would not be justified in so obstructing a public sewer as to overflow and damage the property of others, even though the purpose was to prevent the sewer from becoming a nuisance. But to authorize a recovery against him in such case, the burden is upon the party complaining to establish, with reasonable certainty, that the overflow was caused by such obstructions.

Reversed and remanded.