Legal Opinion

McHenry v. City of Parkersburg

West Virginia Supreme Court

Decided December 21, 1909PublishedCited by 30 opinions

Error to Circuit Court, Wood County. Action by Julia McHenry against the City of Parkersburg. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Poffenbarger, Judge:

Julia°McHenry recovered a judgment for $750.00 against the City of Parkersburg, as damages for collecting surface water, *534by means of its sewer system and casting tlie same, in a body, upon her lot, to the injury of her grounds and dwelling house. Assigning several errors, the city complains of the judgment.

Plaintiff’s lot is in low ground and a small drain, generally dry except in wet weather, has always run thiough it. Street improvement and the construction of sewers in the neighborhood of the lot have facilitated the flow of water and added to the volume which passes…

2Cases cited2 opinions

  1. Henry v. Ohio River R.West Virginia Supreme Court · 1895
  2. Godbey v. City of BluefieldWest Virginia Supreme Court · 1907

3Cited by30 opinions

  1. Oresta v. Romano Bros.West Virginia Supreme Court · 1952
  2. Jarrett v. E. L. Harper & Son, Inc.West Virginia Supreme Court · 1977
  3. Riddle v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1953
  4. Bartlett v. Grasselli Chemical Co.West Virginia Supreme Court · 1922
  5. Severt v. Beckley Coals, Inc.West Virginia Supreme Court · 1969

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