Markiewicus Et Al. v. Town Methuen

DOLAN, Justice. This is a suit in equity wherein the plaintiffs seek to have the defendant town of Methuen restrained from maintaining a sewer, owned by and under the control of the defendant, on the plaintiffs land, and to recover damages for the use had by the defendant of the land, and for injuries resulting from breaks or cave-ins of the sewer. The case was tried in the Superior Court, and the Judge refused injunctive relief and ordered the entry of a final decree for the plaintiffs for damages for injuries caused by two of the three sewer breaks alleged. It comes before us on the plaintiffs appeal from the final decree.