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192
Upon complaint of nuisance and subsequent investigation it was
found necessary to relay the whole system. Notices were served upon
the three owners concerned. Mr. H. and Mrs. E. in conjunction
relaid the drainage behind their houses from the point D to the
chamber B. Nothing further being done, the Wimbledon Council
relaid the common pipe from A to the chamber B and the main pipe
behind Mr. Jackson's houses from the chamber B to the point C. On
completing the work the Council sought to recover from Mr. Jackson
two sums, viz. (1) £13, being his share of the cost of laying the
single private drain from A to B, and (2) £35, being the whole cost
of relaying the main pipe from B to C.
Mr. Jackson admitted that the pipe A to B was a single private
drain under Section 19 of the Public Health Acts Amendment Act,
and did not dispute the first sum of £13, but he contended that the
pipe B to C was a sewer repairable by the local authority, and that he
was therefore not liable to pay the sum of £35 charged. The Court
of Appeal held that the pipe B to C was a sewer, and that Mr. Jackson
was not liable for the cost of its repair.
The Court was not required to decide whether or not the common
pipe A B was a single private drain. That question was agreed before
the case was heard. The Court apparently accepted the agreement
that the common pipe was a single private drain, and therefore by
their decision to have held that a sewer may discharge into a single
private drain.
(4) Joseph v. Wood Green Urban District Council.