Chicago, St. Louis & New Orleans Railroad v. Hoover

Opinion of the Court by

Judge Winn —

Reversing.

Louis Hoover brought this action in the Ohio Circuit Court, charging that the bridge or trestle of the appellants, as well as debris accumulated under it, had so interfered with the natural flow of the waters of Muddy Creek and another stream as to divert them across his lands, with consequent injury. He alleged in his petition that the damages were temporary and not permanent, and that he sought a recovery only for such injuries and damages as had occurred within five years next before the filing of his petition. The defendants answered. The first…