The Weekly Tallahasseean., 1902-03-07

Herewith pipe from defendants resi-
dence; that complainant Edward Lewis
gave such consent, and defendant there
after began to dig a ditch from the lot
of his wife to the sewer; that after he
had dug down to the sewer, and was
about to cut into it, the complainant
George Lewis came to his Office and
made objection to his proceeding with
the work, and asked him to stop it;
that after talking the matter over with
him, and afterwards with him and Will
liam c. Lewis together, they proposed
that if he would stop work they would
consent to his connecting with said
sewer as soon as they could figure up
the cost, and determine what proper
ton thereof he should pay, for they did
not want him to make the connection,
and afterwards, upon getting the fig
ureS, claim that the Lewis boys had
gOuged him; that thereupOn defendant
.IScOntinued the work, which was some
time in December, 1894, and after wait
ing, to the best OF his recollection, until
the first part Of March, 1895, without
having received any further cOmmuni-
cation on the subject from the said
~eOrge and William C. Lewis, he met
the latter and told him that, as they
had said nothing further about the
sewer in the line of their proposition,
ne would proceed at his convenience to
connect Herewith, but before taking
any other steps in that direction he was
served with an injunction.
The answer further averred, upon in
| formation and belief, that the entire
sewage from the Leon Hotel, a large
public house with accommodation for
upwards of $50 guests, and from the
residences of William c., Sarah S., and
George Lewis, all of which were large
and commodious, emptied into the
sewer, and was discharged into the St
Augustine Branch at the terminus of
the sewer, and carried into a ditch
which had been cleaned at public eX-
pense, and thence drained through said
ditch halfway around the city of Talla-
haSSee; that the additional drainage
from the residence of defendant and his
family would not increase to any per-
ceptible degree the amount of sewage
so discharged, nor perceptibly add to
the "nOXiOusness" of said drainage;
and that the injury, if any, caused
thereby, would be of such slight conse-
quence that court of equity would not
relieve against the same by injunction.
Defendant further denied that he had
threatened to cast and empty quantities
of rubbish, waste, refuse, and other
matter upon the premises of complain
ants, or the lands owned and occupied
as their premises, to the injury of sail
cOmplainants.
A general replication was filed, and
testimony taken, WhereupOn decree
was rendered that the defendant Will
liam A. Rawls, his servants, agents, and
attorneys, do henceforth and forever
absolutely desist and refrain from tap
ping, joining other pipe to, or otherwise
in any manner interfering with, the
sewer pipe mentioned in the bill in this
cause, extending from the Leon Hotel
along McCarty street eaSterly, crossing
Monroe, Calhoun, and GadSden streets,
in the city of Tallahassee, to the east
ern end of said McCarty street; thence
through the private lands of the COM
plainants to the st. Augustine Branch"
From that decree this appeal is pros
ecuted, and error is alleged in overrul-
ing defendants demurrer to the bill.
and in rendering a final decree making
the injunction perpetual.
F. T. Myers, for appellant. R. ".
Williams for appelleeS.
GLEN, G.. (after stating the facts).
The assignment of error that the court
erred in overruling the demurrer to the
bill is not so argued, under the rule on
the subject, as to demand any consider
alton on the part of the court, and will
therefore be treated as abandoned.
The second and only other error as
signed is that the court erred in making
the Injunction perpetual. The appel
lees alleged in their bill that the sewer
pipe in question was constructed and
laid along McCarty street, in the city OF
Tallahassee, with the consent Of the
legal authorities Of the city. The ans
wer denied this, and further denied the
power of the city, or its legal authorl-
ties, to grant such right to appellees.
1t alleged that Mary M. Rawls, appel
lant's wife, was the owner Of two lots
having frontage of 130 feet on NC
Carly street, and that the sewer pipe
was laid along the entire frontage OF
said lots, on the half Of McCarty street
next thereto, in the soil OF the street,
the fee Of which was vested in the SAID
Mary M. Rawls. In the evidence there
Iappears a stimulation by the parties tnaC