Hoshor v. Fairfield Co. (Comrs.)

Citations

• 22 Ohio C.C. Dec. 415

Syllabus

<p>DAMAGES — HIGHWAYS—INJUNCTION—LEVEES.</p> <p>1. Raising Grade of Public Highway to Prevent Overflow Cannot be Enjoined.</p> <p>The raising of the grade of a public highway which is subject to overflow in times of flood, cannot be enjoined by an adjacent property owner on the ground that the road was long ago improved to a definite and fixed grade and no steps have been taken by the county commissioners to appropriate the land which will be damaged thereby or to make compensation to the owner.</p> <p>2. Measure of Damages for Raising Grade of Highway to Prevent Overflow is Difference in Value of Land Before and After Improvement.</p> <p>In such a case the owner of the lands damaged by the improvement has an adequate remedy at law, the damage being complete at the time the improvement is complete and measured by the difference in the value of the lands before the improvement was made and afterward.</p> <p>[Syllabus by the court.]</p>