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190
(2) Haedicke v. Friern Barnet Urban District Council.
In this case Mrs. Haedicke owned four houses (shaded in the
above rough plan) out of a block of six. A common pipe taking the
drainage of the house of the adjoining owner passed along the backs of
Mrs. Haedicke's houses from B to C, receiving the drainage of each
house in passing. From the point C the common pipe passed through
private land and along the backs of several more houses, not owned
by Mrs. Haedicke, receiving the drainage of these houses and finally
discharging into a public sewer at D. A nuisance having occurred on
Mrs. Haedicke's property, the local authority required her to relay her
drainage. She objected on the ground that the pipe between B and C
was a sewer, but ultimately she executed the work under protest and
brought an action against the Council for the recovery of the cost.
The Court of Appeal decided that the pipe B C was a single private
drain under Section 19 Public Health Acts Amendment Act, and that
therefore Mrs. Haedicke could not recover the cost of work executed
in connection therewith.