City of Mansfield v. Bristor
Ohio Supreme Court
Error to the Circuit Court of Richland County. Ritter’s Run, a natural water-course and a branch of the Rocky Fork, which is a branch of the Mohican River, flows through the rear of plaintiff’s premises, in the City of Mansfield, on which she has resided for many years. In' 1899 she commenced an action to recover damages from the city for the loss of health and comfort caused by the pollution of this stream by the city.
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Error to the Circuit Court of Richland County. Ritter’s Run, a natural water-course and a branch of the Rocky Fork, which is a branch of the Mohican River, flows through the rear of plaintiff’s premises, in the City of Mansfield, on which she has resided for many years. In' 1899 she commenced an action to recover damages from the city for the loss of health and comfort caused by the pollution of this stream by the city. In 1902 and - in March and in September, 1904, she filed supplemental .petitions setting up' that the conditions described in the original petition had continued, occasioning…
1Opinion of the CourtSummers, J.
Ritter’s Run in the days of the Indian was a limpid stream, but the natural and inevitable result of the coming of the white man with his dirty city was that it degenerated into a fqul drain aiid became a nuisance when it was made the outlet for sewers.
But these consequences do not warrant an attempt to arrest the march of civilization, ór, as *275it is beautifully expressed by Lord Justice James, in Salvin v. North Brancepeth Coal Co., L. R., 9 Chancery App. Cases, 705: “If some picturesque haven opens its arms to invite the commerce of the world, it is not for this court to forbid the embrace,…
2Cases cited22 opinions
- Irvine v. . WoodNew York Court of Appeals · 1872
- Chipman v. . PalmerNew York Court of Appeals · 1879
- Miller v. Highland Ditch Co.California Supreme Court · 1891
- Slater v. . MersereauNew York Court of Appeals · 1876
- Woodyear v. SchaeferCourt of Appeals of Maryland · 1881
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