The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-09-06
OF
JUDGE LYON
Decision in the Flynn Case Given in
Full.
SEWERAGE THEORIES EXPLODED
A Borough Has Right to Make a Sewer
Empty Its Drainage Into a Natural
Stream, Even Though the
Eject is TO Increase
Flowage.

special dispatch from POttsviue announcing
that Judge Lyon, of Juniata county, had
decided the famous Flynn stone wall" case
in favor of the borough. 1t was the inten-
tion to give the public the benefit of the
decision in full on Saturday, but delay over
which the paper had no control deferred the
publication until the present issue.
A resume Of the opinion as filed by the
court will show that the Borough Council and
those who were loyal to it in this important
contest have been completely vindicated.
While the opinion as filed is lengthy docu-
ment, the decision itself is remarkably clear,
brief and to the point Especially is this so
as to the responsibilities Mrs. Flynn assumed
when she bought the property.
It should be noted that Judge Lyon decides
emphatically the point which has been so
strongly emphasized by the sympathizers
with the stone wall movement. The learned
jurist does not say that by giving the right to
connect a sewer with a natural stream the
borough makes that stream a system of
public sewerage, and therefore assumes con-
troll and responsibility for it.
The decision is sweeping and clear in its
import and the people will be justified in
expecting some definite action on the part of
the authorities in charge,
sewer be constructed by the borough to the
sewer on limerick street it may be said that
that is merely a suggestion for economy,
predcated upon certain testimony taken by
the commissioner. When the proper time
comes the borough, it is understood will
have evidence to show that certain parties
urged the construction of the stone wall
erected by Mr.. Flynn to compel a system of
oil pfr 10 3,1r
street that Mr.. Flynn was so urged about
year before he built the wall; that this
advice was given because the limerick street
sewerage had not paid as well as anticipated,
and the evidence of this will come from Mrs.
Flynn's family. 1t is also claimed this will
implicate claimants for damages, as well as
certain officials.
The decision of the court in the case is as
follows!
Rule to show cause why an injunction
should not issue, to restrain the said defen-
dants and those acting under them from tear
ing down, destroying or removing a certain
wall ON comp!ainant's property in the Borough
of shenandoah.
The bill was filed October 10Th, 1896 and
the same day rule granted to show cause why
an injunction should not issue according to
the prayer of the bill. Testimony was taken
and the case argued June 9th 1897.
The bill sets forth that the said Catharine
! Flynn is the owner of lot of ground front
| ing on South limerick street, in the Borough
of Shenandoah upon which is a dwelling
house occupied by herself and family.
! SECOND That heretofore, to wit about
a month ago, the said Catharine Flynn, as
the owner Of the premises aforesaid, laid, OF
| caused to be laid, an eight inch pipe along
said lot to carry sewerage, in order to avoid
an offensive aud dangerous nuisance on said
| lot by reason Of an open sewer thereon the
condition Of which was doing great damage
to said property and threatening the health
of your orator aud her family.
THIRD That, in order to protect the
property of your orator she built wall al
| the back of said lot, which said wall is built
at the point where the pipes aforesaid, were
laid (; and the Council of the Borough OF
Shenandoah have given directions to the
| Chief Burgess of said Borough to tear down
and remove said stone wall, and the said
Chief Burgess is about to remove said wall
and has threatened to do so by employing
large force of men for that purpose.
FOURTH That by the removal Of saiC
stCne wall all the offensive matter from
sewers and Outhouses of large part of tn,
borough of Shenandoah will be thrown owe
the property of your orator, and the premise
rendered unfit to live in.
FIFTH That your orator has no adequat,
remedy at law
! The prayer for relief is:-
F FIRST That the said Town Council o
the borough of Shenandoah and the Chic
Burgess of the said borough and all person
acting for and under them, be restrained b!
injunction preliminary until hearingi ap'
perpetually thereafter from tearing dow
and removing the wall aforesaid.
SECOND Such other and farther relief a
to your Honors may seem meet,
The following are the facts found from tn
evidence;
Catharine Flynn, the complainant, b,
article Of agreement dated August 22nd, 1885
purchased from j. s. Beddall and S. A. Bed
dali lot Of ground situate in the bOroug
of Shenandoah, Schuylkill county, being
part of the south side of lot number five %
in block number forty-fve (45), containin
! about fifteen feet front ON limerick street
! and extending westward toward Peach alley
of that width, eighty ESQ., feet; on which wa
/ erected two story frame dwelling house, 70
which she agreed to pay the sum of eigh
hundred dollars and went into the possession
of the same.
2. The entire lot of ground was formerl
owned by the P. & r. R. r. Co., and had
front of thirty feet ON limerick street an
r extended westward from said street one hun
p dred and twenty feet TO Peach alley.
8. Thomas j. Mullahey leased this lot
ground and erected bottling establishmer
on the end of the lot fronting on Peach ale
% p. & r. r. X. Co. AZ this time there was
IL stream of water flowing on said lot of grounl
10 known as Spring house rum Mullah
built drain about three feet wide and thrt
and one-half feet deep, walling up the sid,
of the drain with a stone wall, thrOug
is which he conducted this stream of wat,
:, across the lot and down along the south sid
e thereof to limerick street, where II ran I'M
= a culvert and from thence into shepandOa
VI creek.
-s a. While the lot Of ground was in this col
d dition Mullahy sold the east end of the i
r fronting on limerick street, and extendiI
back from said street eighthy 1907 feet
Jos. S. and S. A. Beddall, who subsequent
erected two story double frame dwelliT
;. house which covered the whole of the /
% fronting on Limerick street; covered over Il
10 said drain with railroad sills which were the
I covered with EARTH the south end Of Il
dwelling house was built over this drai
which ran underneath 1t through the cell
and out into the culvert ON limerick street.
IN 5. The premises were in this oOnditi,
lt when Catharine Flynn became the purchas
m of the south side of the lot
Ia o. During the summer Of 1896 the sill
y which covered the drain having rotted tl
y covering fell i'm, and during a freshet Il
D. cellar Of Mrs. Flynn was partially filled wi
10 water and filth so as 10 make her house u
A IL