Ely v. Elyria

Citations

• 23 Ohio C.C. Dec. 274
• 15 Ohio C.C. (n.s.) 133

Syllabus

<p>1. Mere Physical Capacity to Carry off Sewage of Lot not Local Drainage in Contemplation of Statute.</p> <p>A sewer physically adequate to supply local drainage to a given lot alone does not necessarily supply such “local drainage” as is contemplated by Gen. Code 3819.</p> <p>2. Assessments for Sewer as Part of Münicipal System not Enjoin-able.</p> <p>Local drainage, within the meaning of Gen. Code 3819, comprehends such drainage as is necessary for the general welfare and protection of the public health; it is not confined to the convenience of the owner; hence, an assessment for constructing a sanitary sewer and intercepting basins to carry off storm water into a running stream as part of a general system of sewers and disposal plant of. a municipality designed to prevent the contamination of the waters of such stream, and thereby protect the public health, will not be enjoined even though a former sewer was adequate for plaintiff’s needs.</p> <p>[Syllabus approved by the court.]</p>