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147
premises (among whom were the plaintiffs), requiring them to repair
the pipe and abate the nuisance, and threatening proceedings if the
said notice should not be complied with. The plaintiffs denied
liability alleging that the said pipe was a public sewer repairable by
the borough council, but did the necessary work under protest. It was
found that the said pipe in fact received certain public drainage as well
as the drainage of the said group of premises. In an action by the
plaintiffs to recover the cost of the work done and damages for injury
to their premises caused by the defective condition of the said pipe.
Held (1) that the said pipe was a sewer and repairable by the borough
council; (2) that although service of an intimation notice does not by
itself amount to compulsion, where work is done in compliance with
such a notice under protest, or without admitting liability, such work is
done under compulsion and not voluntarily, and the expenses of doing
such work can be recovered from the local authority which was in fact
liable to do it.
(Extract from the " Justice of the Peart," January 25th, 1908.)
VII-REPORTS OF MEDICAL OFFICER
OF HEALTH,