Town of Paden City v. Felton

66 S.E.2d 280 (1951)

TOWN OF PADEN CITY

v.

FELTON.

No. CC767.

Supreme Court of Appeals of West Virginia.

Submitted April 10, 1951.

Decided June 22, 1951.

Dissenting Opinion August 3, 1951.

James W. Pyles, Paden City, for plaintiff.

I. M. Underwood, Middlebourne, for defendant.

HAYMOND, Judge.

This suit in equity was instituted in the Circuit Court of Wetzel County by the plaintiff, Town of Paden City, a municipal corporation, to enjoin the defendant, Iva May Felton, from interfering with the flow of water in a drainage ditch which extends through an unimproved lot of land owned by her designated as Lot…