Uhl v. Ohio River Railroad

POEEENBARGER, PRESIDENT:

This case calls upon the Court to say whether injury to real estate resulting from interference with the overflowing waters of a navigable river, at a point outside of its banks, by means of an embankment, gives a right of action for damages. There is practically no controversy as to the facts and, in all material respects, the question is one of law. The defense is predicated mainly upon three propositions: First. That such waters are deemed to be surface waters. Second. That even if, by the common law, such waters in England constitute part of the river,' the rivers…