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6 inches below the surface. The fall of the Ransom Road sewer
is about 1 inch in 11 feet.
The said outfall sewer necessarily received much of the flood
water of the Metropolis, so that in times of flood, and even after
moderate rainfall, it becomes full and surcharged. The effect of
this condition of the said outfall sewer upon the Ransom Road
sewer is, that at times of flood and moderate rainfall no sewage or
drainage can pass away from the latter sewer at all, and it
necessarily becomes more or less full. An instance of this was
proved by Henry Newton, who laid the appellant's said drain for
him. This witness stated that in October, 1902, a flood took
place, and the Ransom Road sewer became so full that water was
standing in the said drain at a point about 45 feet south of the
said manhole, with the consequence that the cementing of the
drain had to be suspended. The respondents' engineer kept
records of the height, determined by means of gauges placed in
the said outfall sewer of the level of the water in times of
flood, and they proved that on the following dates, in the years
1900 and 1901, the flood levels determined by such a gauge,
placed near Church Lane, Charlton, rose to the following heights
above Ordnance datum:—
1900. 1901.
January 1st, 7 feet. May 9th, 10 feet.
June 25th, 9.58 feet. July 26th, 8.50 feet.
July 27th, 8.25 feet. August 14th, 7.50 feet.
October 29th, 7.50 feet. October 18th, 11.50 feet.
It will be seen that all these flood levels were substantially
above the appellant's land, above referred to, on which the said
houses were built, and that if such flood were free to reach a corresponding
level at the appellant's land, the latter would be flooded.