Legal Opinion

Lakewood (Vil.) v. Swift

Ohio Circuit Courts

Decided December 27, 1910Published

Error to common pleas court. Permissive use of public sewers, Dermont v. Detroit, 4 Micb. 435; Sheriff v. Oskaloosa, 120 Iowa 442 [94 N. W. Rep. 904] ; Buckley v. Neiu Bedford, 155 Mass. 64 [29 N. E. Rep. 201]; Boll v. Indianapolis, 52 Ind. 547. Prevention of the injury, Wilson Co. v. Waterbury, 73 Conn. 416 [47 Atl. Rep. 687] ; Carr v. Northern Liberties, 35 Pa. St. 324 [78 Am. Dec. 342] ; Mills v. Brooklyn, 32 N. Y. 489; Kelley v. Portland, 100 Me. 260'[61. Atl.

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Error to common pleas court. Permissive use of public sewers, Dermont v. Detroit, 4 Micb. 435; Sheriff v. Oskaloosa, 120 Iowa 442 [94 N. W. Rep. 904] ; Buckley v. Neiu Bedford, 155 Mass. 64 [29 N. E. Rep. 201]; Boll v. Indianapolis, 52 Ind. 547. Prevention of the injury, Wilson Co. v. Waterbury, 73 Conn. 416 [47 Atl. Rep. 687] ; Carr v. Northern Liberties, 35 Pa. St. 324 [78 Am. Dec. 342] ; Mills v. Brooklyn, 32 N. Y. 489; Kelley v. Portland, 100 Me. 260'[61. Atl. Rep. 180]; Detroit v. Beckman, 34 Mich. 125 [22 Am. Rep. 507]; Bealafeld v. Verona, 188 Pa. St. 627 [41 Atl. Rep. 651]; Rozell v.…

1Opinion of the CourtMarvin, J.

Defendant is a property owner in the village of Lakewood and brought suit against the village, claiming damages by reason of the flooding of her cellar resulting from the backing up of water in a sewer drain leading from her cellar to a main sewer of the village on Detroit street. She recovered a judgment, and by proper proceedings the case is here for review.

Numerous claims of error are made, one of which is that the verdict should have been directed for the village for the reason that it is shown that the Detroit street sewer, the main-sewer into which the drain sewer of the plaintiff below…

2Cases cited6 opinions

  1. Dermont v. MayorMichigan Supreme Court · 1857
  2. Hart v. City of NeillsvilleWisconsin Supreme Court · 1905
  3. Murphy v. City of IndianapolisIndiana Supreme Court · 1902
  4. Bolton v. Village of New RochelleNew York Supreme Court · 1895
  5. Redington v. New York, O. & W. Ry. Co.New York Supreme Court · 1895

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