Frazier v. Westerville

OPINION

By HORNBECK, J.

This is an appeal on questions of law from a money judgment of the Common Pleas Court for plaintiffs and against the defendant. There are eleven errors assigned which we will discuss in detail later.

Plaintiffs’ petition was filed July 10, 1937, and prayed damages on account of the loss of crops for the year 1937 in the sum of $45.00 and other damage in the sum of $4,955.00, $5000.00 in all, for damages by reason of overflow of water onto the 63 acre farm of plaintiffs in Blendon Township, Franklin County, Ohio.

The petition alleges that Alum Creek, a natural watercourse,…