CITY OF NEW CORDELL v. LOWE

No. 40216.

389 P.2d 103 (1963)

The CITY OF NEW CORDELL, Oklahoma, a Municipal Corporation, Plaintiff in Error, v. Kenneth W. LOWE and Billie J. Lowe, husband and wife, Defendants in Error.

Supreme Court of Oklahoma.

November 19, 1963.


Attorney(s) appearing for the Case

Wesner & Wesner, Cordell, for plaintiff in error.

Bailey & Jones, Cordell, for defendants in error.


BLACKBIRD, Chief Justice.

A sewer line, referred to hereinafter as the "branch line" funneled sewage from the residence of the defendants in error, hereinafter referred to as plaintiffs, into one of the sewer mains, or main lines, of plaintiff in error, hereinafter referred to as defendant. On March 8, 1961, this main became clogged, and raw sewage backed up through the branch line into the residence, inundating its floors...

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