City of Mansfield v. Bristor

Citations

• 76 Ohio St. (N.S.) 270

Syllabus

<p>Drain laid by property owners — In public street — Used as sewer emptying into stream — City liable to riparian owners, when— Parties using sewer not jointly liable, when — Power of municipality to prevent nuisances — Municipal law — Law of nuisqnces.</p> <p>1. Where a drain laid by property owners in a public street, under permission from the city, empties into a natural stream, and thereafter, without express license from the city, is used.as a , sewer to discharge sewage info the stream to the injury of a lower riparian owner, the drain is a nuisance, and the city is liable for negligence in not abating it.</p> <p>2. Where different parties discharge sewage and filth into a stream, which intermingle and cause an actionable nuisance, they are not jointly liable for damages when there is no common design or concert of action, but each is liable only for his proportion of the damages.</p> <p>3. The power given to a municipality to prevent injury or annoyance from anything offensive or unwholesome, and to cause any nuisance to be abated, is governmental, and' the municipality is not liable for damages from a private nuisance resulting from its omission to exercise the power by the adoption of resolutions or ordinances, or for damages from such nuisance oc- • casioned by a failure of its officers to enforce resolutions or ordinances adopted in the exercise of that power.</p>