Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. King

Comstock, J.- —

Appellee in her complaint alleges that appellant created and maintained a nuisance, to the damage of her property and the comfortable enjoyment thereof. The acts complained of consisted in casting into a large pond adjacent to appellee’s premises 'carloads.of dirt and offensive material, causing thereby the water to become foul . and poisonous. Appellee’s dwelling-house and premises were located some 100 feet from the pond, and, before the acts complained of, was used for the purpose of a. residence by herself and two children. The water of the well on the premises was polluted…