Doud v. City of Cincinnati

Two questions are suggested for determination by this court:(1) Can private property be appropriated to public use, in the absence of a formal dedication or statutory condemnation?(2) Is a municipality liable for damage to private property caused by the deterioration of a sewer which was adopted into the municipality’s sewer system, the condition of which sewer inspection at reasonable intervals would have disclosed?

It is conceded that there was no statutory appropriation of a private sewer originally constructed through the property of the plaintiff. However, the defendant tapped into the…