Trzeciakiewicz v. Zukoski

The defendants have moved for a trial by jury drawn from Warren County. The plaintiffs deny defendants' right to such a trial.

The parties are adjoining owners of lands in Warren County. The plaintiffs seek an injunction to restrain the defendants from interfering with the flow of water from ditches on defendants' premises basing their right to divert the water on one of two grounds: (a) that their deed includes the grant or (b) as an easement appurtenant. The defendants deny the claimed right. Thus, the primary issue to be determined is a legal one, namely, the existence of the easement. Only…