Sewer

Will apply to an underground structure for conducting the water of a natural stream, as well as to a structure used exclusively for surface flpw.s The duties of municipal authorities, in adopting a general plan of drainage, and determining when and where sewers shall be built, of what size ajid at what level, are of a quasi judicial nature, involving the exercise of deliberate judgment and large discretion, depending upon considerations affecting the public health and general convenience throughout an extensive tei Titory. The exercise of such judgment and discretion, in the selection and adoption of the general plan or system of drainage, is not subject to revision by a court or jury in a private action for not properly draining a sufficient lot of land. But the construction and repair of sewers, according to the general plan so adopted, are simply ministerial duties; and for negh- ^ence in so constructing a sewer, or keeping it in repair, the municipality which has constructed and owns the sewer may be sued by a person whose property is thereby injured. ' See Drainage; Negligence; Repair, 3.