Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Vettel

This action was brought by the appellee to recover damages alleged to have been sustained to his real estate, by reason of water being backed up and *627thrown thereon by a certain dam constructed by appellant upon its own lands for the purpose of impounding the water and thereby creating a lake or reservoir as a source of water supply. The said dam and reservoir are located in Decatur County near the city of Greens-burg.

The cause was tried upon a complaint in two paragraphs, third and fourth, and answers in general denial thereto, and also an affirmative paragraph of answer to said third…