City of Cleveland v. Standard Bag & Paper Co.

Citations

• 72 Ohio St. (N.S.) 324

Syllabus

<p>Stream, of water — In city corporation — Used for open sewer for twenty-one years — Effect of rights, of riparian owners— Municipal corporations.</p> <p>When a part of a stream of water, being wholly within a municipal corporation so that none but its residents are thereby affected, is generally devoted to the purposes of an open sewer for more than twenty-one years, as against a riparian owner who contributes to and acquiesces in such use, it becomes charged with a servitude authorizing its like use by other riparian owners. (Mansfield v. Balliett, 65 Ohio St., 451, distinguished.)</p>