Barber v. Columbia Chemical Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United S’tates for the Eastern Division of the Northern District of Ohio; William L. Day, Judge. Suit by Ohio C. Barber against the Columbia Chemical Company. From a decree in favor of defendant, plaintiff appeals.
1Opinion of the Court
McCALE, District Judge.
This is a case in equity. The court below denied the relief sought and dismissed the bill. The plaintiff appealed and assigned error.
Wolf creek (sometimes called a county ditch) Hows through the lands of plaintiff and defendant near Barberton, Ohio. The lands of the former lie adjacent to and above that of the latter. It is insisted that a dam, which is maintained across the creek, by the defendant at its plant, impedes the flow of water so that it backs up and prevents the proper drainage of plaintiff’s lands, to his damage. The suit was brought to require the…
2Cases cited5 opinions
- Furrer v. FerrisSupreme Court of the United States · 1892
- Wilson v. ShawSupreme Court of the United States · 1907
- Consolidated Canal Co. v. Mesa Canal Co.Supreme Court of the United States · 1900
- Western Transit Co. v. Davidson S. S. Co.Court of Appeals for the Sixth Circuit · 1914
- Lovewell v. SchoolfieldCourt of Appeals for the Sixth Circuit · 1914