Harrington v. Heath
Ohio Supreme Court
This is a Writ ok Error to the Court of Common Pleas of Lake County. The original action was in case, brought by the defendant in error against the plaintiff in error, for erecting a dam across a certain water course,' and causing it to flow back upon the land of the defendant in error. The action was commenced before a Justice of the Peace, and the plaintiff below had judgment for three dollars damages, and $10.59 costs.
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This is a Writ ok Error to the Court of Common Pleas of Lake County. The original action was in case, brought by the defendant in error against the plaintiff in error, for erecting a dam across a certain water course,' and causing it to flow back upon the land of the defendant in error. The action was commenced before a Justice of the Peace, and the plaintiff below had judgment for three dollars damages, and $10.59 costs. The case was appealed to the Common Pleas, and issue joined upon declaration and plea of the general issue. After issue joined, the defendant below submitted a motion to…
1Opinion of the CourtRead, J.
This case presents two questions —
First: Whether a Justice of the Peace has jurisdiction of an action upon the case for nuisance, in flowing back water upon the lands of another.
Second: And if not, and such an action has been commenced before a Justice of the Peace, and appealed to the Common Pleas, a declaration and plea filed, whether the Court of Common Pleas has jurisdiction.
The 105th section of the Justices’ act (Swan’s Stat. 525) reads:
“ The jurisdiction of Justices of the Peace shall extend to ‘ actions of trespass on real estate, in cases where the damages 1 demanded for such trespass…
2Cited by13 opinions
- Jewett v. FeldheiserOhio Supreme Court · 1903
- McGough v. SweetserSupreme Court of Alabama · 1892
- Oades v. Standard Sayings & Loan AssnMichigan Supreme Court · 1932
- Pugh v. LingafelterCourt of Appeals for the Sixth Circuit · 1910
- State v. WatkinsSupreme Court of Louisiana · 1901
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