Lunsford v. Stewart

This is an appeal on questions of law and fact from the Common Pleas Court of Franklin County. That court rendered judgment in favor of the defendants in an action in which plaintiff sought an injunction and damages because of the defendants having filled their lot with dirt up to grade and thus having prevented the surface water draining off plaintiff’s adjoining lot. Both of such lots are located in the city of Columbus. The record taken below is presented to this court by stipulation.

With respect to rural areas, Ohio has adopted the civil-law rule, i. e., that the dominant estate has a…