Whitney v. Toledo (City)

Citations

• 19 Ohio C.C. Dec. 74
• 8 Ohio C.C. (n.s.) 577
• 1906 Ohio Misc. LEXIS 231

Syllabus

<p>HIGHWAYS — MUNICIPAL CORPORATIONS — SEWERS.</p> <p>Haynes, Parker and Wildman, JJ.</p> <p>1 Public Highway Outside City may be Used for Storm Water Sewer to Drain Streets of City Adjacent Thereto, not Additional Burden.</p> <p>The construction of a sewer along a street in a city and out on a public highway beyond the municipal corporate limits, designed as a storm and surface water sewer to drain the streets and public ways of the city in the sewer district adjacent thereto and to empty into a creek on land just outside the corporate limits, is such a use of the public highway as was in law contemplated by the original proprietors of the adjacent land when they dedicated the land in the highway to the public use. Such construction will not be enjoined at the instance of an adjacent proprietor as being burden in addition to the regular public easement in the highway.</p> <p>[Por other cases in point, see 6 Cyc. Dig., “Municipal Corporations,” §§ 1176-1182, 2033-2043. — Ed.]</p> <p>2. Storm and Surface Water Sewer -along Highway and Emptying into Creek may not be Used also for Sewerage Purposes without Appropriating Right from Adjacent Owners.</p> <p>While a sewer designed to drain the streets and public ways of a city in the adjacent sewer district and extending along a public highway beyond the city limits may lawfully be constructed in such highway, it may not lawfully be used for sewerage purposes to the injury of private property adjacent to its outlet until the city constructing such sewer has acquired the necessary right by appropriation proceedings. Such use for sewerage purposes will be enjoined at the instance of a private owner injured thereby until such right has been lawfully acquired.</p> <p>[For other cases in point, see 5 Cyc. Dig., “Injunction,” §§ 256-268. — Ed.]</p> <p>[Syllabus approved by the court.]</p>