William R. Day

“ The court does not find from the evidence that it was not possible or feasible to drain the surface water falling upon or collected from that portion of Tower Grove Park, and the reserved strip of 200 feet, which is higher than and inclined towards Kingshighway, from the surface of said land in any other manner than through or by the district sewer constructed in Kingshighway, and that sewage from houses upon said reserved strip, if any there ever be, cannot be disposed of by means other than said sewer. ”

“ The court also finds that with the exception of an area composing some 300 feet, each way, located at the southwestern corner of the Park, the western part of the park for a distance of some 600 feet east of Kingshighway is of an elevation higher than Kingshighway between Arsenal street and Magnolia avenue, and the natural drainage thereof is in the main westwardly towards Kingshighway and that before the building of the sewer in question surface water and hydrants drained from said part of the park through drains and gutters under said street and sidewalk to a point west of Kingshighway. ”

“ We find no merit in the contention that a federal constitutional right was violated because of the refusal to transfer the cause from the division of the Supreme Court of Missouri, which heard it, to the court en banc. ”