Norwalk (City) v. Blatz

Citations

• 19 Ohio C.C. Dec. 306
• 9 Ohio C.C. (n.s.) 417

Syllabus

<p>ADVERSE POSSESSION — LIMITATIONS OF ACTIONS.</p> <p>Haynes, Parker and Winch, JJ.</p> <p>(Judge Winch of the eight circuit, sitting in place of Judge Wildman.)</p> <p>1. Limitation on Actions iron Damages Caused by Flooding Land.</p> <p>For injuries caused by flooding of land with water from sewers and washing away bridges and soil, damages can be recovered for a period of four years only preceding the bringing of the action.</p> <p>[For other cases in point, see 5 Cyc. Dig., “Limitation of Actions,” §§ 357-361, 388-390. — Ed.]</p> <p>2. Pbesckiptive Right to Flood Lands.</p> <p>Recovery from a city cannot'be had by a landowner for such damage causa 1 by flooding plaintiff’s land with water from sewers constructed by the city, when such right has been enjoyed by the city for the prescriptive period, and such damages are the natural consequences of the exercise of such right by the city.</p> <p>[Syllabus approved by the court.]</p>