Steinbeck v. Philip Stenger Sons, Inc.

This cause came on to be heard upon the appeal; the transcript of the docket; the journal entries and original papers from the Court of Common Pleas of Hamilton County; the transcript of the proceedings; the assignments of error; and the briefs and arguments of counsel.

In 1957, plaintiffs, the appellees herein, became the owners of a low-lying parcel of realty interdicted by two watercourses. Their land is a rectangular residential lot, the long axis of which runs 350 feet north to a mutual boundary with defendant’s property. This latter realty consists generally of high ground rising to a…