Thoma v. City of Cincinnati

*111Heard on motion for a new trial.

The argument in favor of the motion for a new trial seems to ignore the status of the case as it finally reached the jury. The original pleadings presented a case of damages for deprivation of a property right namely, plaintiff’s right of drainage into Lick Run. As the testimony progressed, it clearly appeare'd that this could not be maintained upon the facts charged, namely, the building of a sewer in the bed of Lick Run. The trial was allowed to proceed, however, upon an amendment to the' petition converting the issue into one for the maintenance by the city…