The times. [volume] (Washington [D.C.]) 1897-1901, 1900-08-29
ABATEMENT OF A NUISANCE.
A Legal Opinion on the Means to
He Employed.

The Commissioners yesterday received
from Clarence A. BrandeDburg. the Assist
ant Attorney for the District, his opinion
relative to the means to be used by the
Health Department in abating an alleged
nuisance on the vacant ground at the cor
ner of Twelfth and Streets northeast.
In his communication he informs the
Commissioners that he has considered the
subject with special reference 10 the state
ment made by the Sanitary Inspector.
THE facts" ne says. do not fully APP
pear among the papers, but supplemented
by statements OF the Health Officer, it
seems that Street at the intersection of
Twelfth Street northeast, was graded by
the authorities. This left the ground adj
jacent thereto below the level of the
street as graded. For some years waste
water from adjacent premises and rain wa
ter flowed over the lot in question and
then crossed R Street. ultimately reaching
= natural stream or outlet to the river
In consequence of the grading OF the
street the water can no longer flow as it
formerly did. but accumulates upon the
adjacent private property, becomes foul.
and is, in the judgment of the Health De-
partmelt. nuisance. The Health De-
partment sought TO require the abatement
OF this nuisance by proceeding in The Po-
lice Court against the owners of the land.
1t seems that the justice holding the Po-
lice Court discharged the defendants on
the ground that the District authorities
had obstructed the natural flow of the wa
ter by filling in r Street, and that ii is
in consequence the duty of the District
TO abate the nuisance which has existed
since the grading of the street, and which
would not have existed but for such
grading.
''Divested OF other elements the subject
for consideration is the liability Of the
owner Of the property in question TO abate
a nuisance which has existed since tie
grading Of the street, and which would rot
have existed but for such grading
BY Joint resolution approved april "a.
1880. legalizing the health ordinances and
regulations for the District of Columbia.
the following ordinance of the late Board
of Health was made the law Of the District
of Columbia:
THAT filthy, foul water, or other Of
fensive substance detrimental 10 health.
B thrown, placed. or allowed 10 remain in OF
upon any street or open lot in the cities OF
Washington, Georgetown, or in the more
densely populated suburbs of said cities.
are hereby declared nuisances injurious to
health, and any person who shall commit.
create or maintain the aforesaid Duisances.
or either of them, shall upon conviction
be fined no less than IS nor more than
sos for each offence.
This ordinance seems to cover the case
In question, unless. as held by the presid-
ing Judge Of the Police Court, it is the
duty Of the District TO abate It because In
grading the street the natural flow of the
water from this lot was arrested
in considering this matter / am as
Stunning. as appears from the papers, that
the water which accumuates upon the
vacant lot in question does not flow from
the street because it is conceded that the
district has TO right to grade the street
so as to require the surface water from
The street to flow on private property.
If II is the duty of the District to abate
the nuisance. because il resulted from the
grading. IL would seem to follc~ that the
District would be liable in damages to the
owner OF the property for failing to do so.
And while that view is suggested by some
authorities. IL cannot be- in my opinion,
ihs law OF this jurisdiction in view Of the
decisions OF the Supreme Court OF the
United States. that the District is not la
bic for damages caused by changing the
grade OF street,
Nj. Bfahdenburg admits that there is
some conflict Of authority, but states that
the prevailing opinion seems to be that
cited IN Freburg We. Davenport, SO
Iowa. lis:
city has the nndoubted right to bring
Its streets TO grade in such way. time,