
    Phebe M. Dunning, appellant,
      v. James Kelly, respondent.
    On appeal from a decree advised by 'Vice-Chancellor Van-Fleet, whose opinion is reported in Kelly v. Dunning, 16 Stew. Eq. 62.
    
    
      
      Note. — By a typographical error the syllabus of this case was not printed in the usual form, and the point decided was not inserted in the index. For-the opinion, see 1 Dicte. Oh. Rep. 60S.
      
    
   Decree awarded a perpetual injunction restraining the defendant from filling': up or obstructing a ditch through which the complainant’s lot was drained. The lots of the parties, respectively, lying within a city, in the neighborhood of city improvements, and the probability-being, that by the construction of sewers by the city the water from the complainant’s lot may be diverted into public-sewers, and his lot thereby relieved therefrom, the decree was amended, giving' defendant leave to apply, upon such an altered condition of affairs, to have-the injunction modified or discharged.  