City of Canton v. Shock
Ohio Supreme Court
Error to the Circuit Court of Stark county. The city of Canton is a municipal corporation and is situated between the east and west forks of Nimishiller creek, the forks meeting at or near the south line of the city and thus forming that creek. The entire natural drainage of the city is toward, and into these two forks of the creek, which is a natural watercourse.
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Error to the Circuit Court of Stark county. The city of Canton is a municipal corporation and is situated between the east and west forks of Nimishiller creek, the forks meeting at or near the south line of the city and thus forming that creek. The entire natural drainage of the city is toward, and into these two forks of the creek, which is a natural watercourse. The city has established its system of water-works on the west branch of the creek, on a lot of land adjoining said branch, and it takes its water supply from said creek, and from certain wells near the same, and from Myers’ lake…
1Opinion of the Court
Bukket/J.
As this is an action against the city for damages, no question as to eminent domain, or appropriation of private property for public uses, is involved in the issue, the controlling issue being as to whether the city, as a municipal corporation, is a riparian proprietor having the right to use the waters of the creek for its own purposes, and to supply them to its inhabitants for the ordinary purposes of life, and as to whether the right to use water from a stream by one riparian proprietor for manufacturing purposes, such as running a grist mill, is inferior or equal to the right to…
2Cases cited1 opinion
- Barre Water Co. v. CarnesSupreme Court of Vermont · 1893