Amick v. Tharp
Supreme Court of Virginia
This was an action on the case in the Circuit court of Ohio county by Jacob Amick against Daniel Y. Tharp, to recover damages for an injury done to the plaintiff’s lot in the city of Wheeling, by the obstruction of a drain by which the water from a spring on the plaintiff’s lot, and that which flowed from the surface of the ground after a rain, had been accustomed to run off.
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This was an action on the case in the Circuit court of Ohio county by Jacob Amick against Daniel Y. Tharp, to recover damages for an injury done to the plaintiff’s lot in the city of Wheeling, by the obstruction of a drain by which the water from a spring on the plaintiff’s lot, and that which flowed from the surface of the ground after a rain, had been accustomed to run off. On the trial of the cause it appeared that there had been from time immemorial a ravine through which water could flow to Wheeling creek from a certain part of the city of Wheeling. The bottom of this ravine was from…
1Opinion of the CourtDaniel, J.
In the view which I take of this case, it does not seem to me necessary to enquire whether the city of Wheeling, in grading the street and constructing the culvert in the proceedings mentioned, did or did not act in pursuance of a lawful authority. There is nothing in the evidence, upon which the instructions of the Circuit court are founded, to show that these works had caused any obstruction to the course of the branch in its passage over the lot of the plaintiff, or had in any manner become, or were likely to become, the cause of injury to his property, till the flow of the water through…
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