AMERICAN LAW REPORTS ANNOTATED VOL. 46 Injunction, § 84 LOUIS CARETTI, Appt., V. BRORING BUILDING COMPANY. Maryland Court of Appeals - March 10, 1926. (— Md. 132 Atl. 619.) against pollution of stream. 1. A building company which turns the sewage from houses constructed by it into a stream so as to increase the pollution of it, to the injury of a lower riparian owner, is subject to injunction. [See annotation on this question beginning on page 8.] Parties, § 96 municipal corporation - approval of drainage system. 2. That a municipal corporation has approved the plan of draining a subdivision of private property does not, in case it owns no part of the drainage system, render it a necessary party to a suit to enjoin injury to riparian property by the emptying of the drainage into a stream, although there is an understanding by which the municipality may eventually take over the drain as part of its general system. Parties, § 96 effect of city's inspecting drainage system. er of the stream from polluting a private watercourse by casting sewage into it. Parties, § 96 effect of evidence. 4. Mere evidence that the enjoining of a sewer draining a private subdivision of a city would slow up sewer work throughout the city does not establish that the city has such an interest in the sewer as to render it a necessary party to a suit to enjoin pollution of a stream by the sewer. Injunction, § 17 effect of hardship from issuance. - 5. That the enjoining of the turning of the drainage from a subdivision of a municipality into a stream would work great hardship on the owner of the subdivision, and on the owners of residences within it, will not prevent the issuance of an injunction against 3. The general duty of a municipality to supervise and inspect sewers in the interest of the health of the community, and its approval and occasional inspection of a private drainage system, do not render it a neces- so doing. sary party to a suit to enjoin the own 46 A.L.R.-1. [See 9 R. C. L. 694; 27 R. C. L. 1232.] (Bond, Ch. J., and Parke, J., dissent.) |