Winters v. Fangboner

Citations

• 22 Ohio C.C. Dec. 598

Syllabus

<p>ASSESSMENTS — DRAINS AND DITCHES.</p> <p>1. Cost of Outlet Ditch Assessed against all Lands Benefited.</p> <p>Assessments for an outlet ditch may be extended so as to include all lands the drainage whereof through such outlet is facilitated by artificial means.</p> <p>2. Assessments rom Outlet Ditch Draining Flat Lands Will not be Enjoined.</p> <p>The construction of an outlet -ditch, making it possible to tile and drain certain tracts of flat lands above it containing large, marshy spots and ponds impossible to drain by previous natural or artificial facilities without damaging lower tracts by casting overflow waters thereupon, and which effects a reclamation of the same for productive cultivatable land, shows sufficient actual benefits to justify an assessment therefor, against which a court of equity will refuse any aid under R. S. 4491 (Gen. Code 6500).</p> <p>[Proof of this decision and syllabus was submitted to Judge Parker and corrected. — -Ed.]</p>