Krazeweski v. Berea (Vil.)

Citations

• 33 Ohio C.C. Dec. 378
• 21 Ohio C.C. (n.s.) 449

Syllabus

<p>NUISANCE — RES AD JUDICATA</p> <p>1. Res Adjudícala no Bar Unless Issues are Identical.</p> <p>In an action for nuisance the issue of res adjudicata is not raised by averments that the property involved and the nuisances complained of are identical with those involved in a former suit without averment of the identity of issues joined.</p> <p>2. City Liable for Maintaining Defective Sewer.</p> <p>A municipality is liable in damages for maintaining a defective sewer in such condition that sewage is allowed to seep or percolate through the subsoil, and into the cellar of an adjoining property owner.</p>