Mason v. Fulton Co.

Citations

• 20 Ohio C.C. Dec. 49

Syllabus

<p>ASSESSMENTS — COUNTIES—DRAINS AND DITCHES.</p> <p>Haynes, Parker and Wildman, JJ.</p> <p>1. Powee of Commissioners in Ditch Proceedings.</p> <p>The county commissioners have power to improve a watercourse partly natural and partly artificial, by deepening, widening, straightening and otherwise improving the same. Distinguishing Greene Go. (Gomrs.) v. Bar-Une, 74 Ohio St. 318 [78 N. E. Rep. 521].</p> <p>[For other cases in point, see 1 Supp. Dig., “Drains and Ditches,” § 1. — Ed.]</p> <p>'2. Watercourse Established by Prescription.</p> <p>Although Rev. Stat. 4500 (Lan. 7681) provides that the uninterrupted use of an established ditch for seven years constitutes a natural watercourse, notwithstanding errors, defects or irregularities in the location, establishment or construction of the same, it was not designed to take away rights which the public had acquired over it as a ditch or drain.</p> <p>[For other cases in point, see 3 Cyc. Dig., “Easements,” §§ 64-65. — Ed.]</p> <p>:3. Commissioners may Locate Ditch in Valley of Living Stream.</p> <p>The county commissioners may locate a ditch substantially along the line of the channel of or adjacent to, or in the valley of, a living stream or watercourse, though they have no power to convert a living stream of water into a ditch by proceedings for the location and construction of a ditch.</p> <p>[For other cases in point, see 1 Supp. Dig., “Drains and Ditches,” § 1. — Ed.]</p> <p>4. Plaintiff in an Action to Enjoin a Ditch Assessment Estopped, 'when.</p> <p>Plaintiffs are estopped to question the right of the commissioners to establish and maintain a ditch or watercourse, which has existed for a great many years, and which has been improved, upon several occasions, by proceedings instituted by the county commissioners, and where the plaintiffs have in some of these proceedings paid the assessments without objection.</p> <p>[For other cases in point, see 4 Cyc. Dig., “Estoppel,” §§ 521-530. — Ed.]</p> <p>;5. Apportionme