120 Iowa 442 | Iowa | 1903
It is not necessary to discuss the general liability of municipal corporations for damages caused by the improper construction, maintenance, or insufficiency of its public sewers, because of our conclusion on another branch of the case; and for the same reason we shall not further notice, the errors alleged in the rulings on the introduction of testimony. The use of the defendant’s sewer by the plaintiff was purely voluntary, and with the knowledge that it. was of insufficient capacity to carry off the surface water and sewage which collected therein. The plaintiff testified that for nearly a year before he was damaged he knew of the flooding of other cellars along the same avenue and near his own property, and that he asked the authorities to permit him to turn some of the water from the catch-basin for the protection of his cellar and for the purpose of preventing the very overflow of which he now complains. If it be conceded, for the pur