Morgan v. Mason
Ohio Supreme Court
Error to the common pleas of Columbiana county : Mason, the plaintiff below, sued Morgan and others, in an action on the case for diverting the water from a water-course. The facts are stated in the opinion of the court. The plaintiff below owned what is designated, in the opinion of the court, as the “ one-acre tract,” along which the water-course flowed, and which was diverted by a race from the dam above the “ one-acre tract ” to the mill of defendant below.
1Opinion of the Court
Ranney, J..The plaintiffs in error, were sued in the court below, in an action on the case, for diverting a water-course, called the west fork of the Little Beaver. They pleaded not guilty, and upon trial a verdict was found against them, upon which the court rendered a judgment. They prayed certain instructions from the court to the jury, which being refused, they excepted, and now present the same questions to this court, upon this writ of error. The object of the controversy is, to determine to which, of two tracts of land a certain water-right attaches. . Leaving out of the question such…
2Cited by35 opinions
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- Louisville, New Albany & Chicago Railway Co. v. BoneyIndiana Supreme Court · 1889
- Hooper v. Savannah & Memphis RailroadSupreme Court of Alabama · 1881
- Flint v. HolbrookOhio Court of Appeals · 1992
- Hooper v. Central Trust Co.Court of Appeals of Maryland · 1895
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