
    Mr. Homer E. MARTY, Mrs. Luciell Marty and Denese Marty. v. Jack N. LEE, State of Louisiana, Dept. of Sanitary Services and Care Services, Inc.
    No. 61684.
    Supreme Court of Louisiana.
    March 1, 1978.
   In re: Jack N. Lee and Care Services, Inc. applying for writs of certiorari, prohibition and mandamus. Orleans Parish.

Granted. The injunction prohibiting defendant from laying a sewer line on his property, with access to defendant’s property to accomplish the work, is annulled and set aside. However, the injunction is maintained in effect insofar as it prohibits defendant from dumping, draining or permitting raw sewerage from the premises at 838-42 Esplanade Ave. unto plaintiff’s premises at 1320 Dauphine St. A mandatory injunction is granted to plaintiff requiring defendant to accomplish the work of laying the sewer pipe within five working days insofar as the use of defendant’s property is concerned. Plaintiff’s right to claim damages for the invasion of his property and possessory rights as in case of trespass are reserved.

DIXON, J.,

dissents, believing the applicant has no right to go on his neighbors land to repair his plumbing, when it can be done completely on applicant’s land. However, plaintiff-respondent has the right to apply here for a rehearing and would be well advised to attach to his application the evidence heard by the trial judge who granted the injunction.

CALOGERO, J.,

dissents from the writ grant. Relator’s unilateral showing doesn’t convince me that the trial court’s judgment, based on evidence not now before this court, should be reversed in any regards.

DENNIS, J., dissents for the reasons stated by Dixon and Calogero, JJ.  