Chudzinski v. City of Sylvania

This is an appeal from a judgment of the Court of Common Pleas of Lucas County in favor of the defendants in an action for damages filed against the •city of Sylvania and Southbriar, Inc., the appellees.

The two assignments of error raise the issue of wheth er or not a municipality and a private property owner are liable in damages for a flooding condition caused from an increase and acceleration in the flow of surface waters beyond the capacity, of a natural watercourse, resulting from the actions of the municipality and: the property owner.

The parties stipulated to the following facts:

“1.…