Superior Coal & Builders Supply Co. v. Board of Education

Opinion op the Court by

Drury, Commissioner—

Affirming.

Appellant’s complaint is, the trial court sustained a demurrer to its petition and dismissed it.

These parties own land near each other in the city of Dayton, their properties are both drained by the same natural watercourse; the-land of the defendant being about 150 feet down stream from that of the plaintiff. In the petiton it is alleged:

“The defendant early in the year 1933 altered and and changed the grade and topography of its said real estate, and substituted for a natural watercourse thereon, a drain of such insufficient and small…