WASHINGTON WATER CO. v. PARRETT

No. 4349.

9 F.2d 915 (1926)

WASHINGTON WATER CO. v. PARRETT.

Circuit Court of Appeals, Sixth Circuit.

January 5, 1926.


Attorney(s) appearing for the Case

Harvey Myers, of Covington, Ky., and Joseph S. Graydon, of Cincinnati, Ohio (John Logan, of Washington, Ohio, and Maxwell & Ramsey, of Cincinnati, Ohio, on the brief), for appellant.

A. E. Clevenger, of Cleveland, Ohio (John Weld Peck, of Cincinnati, Ohio, on the brief), for appellee.

Before DONAHUE, MACK, and MOORMAN, Circuit Judges.


PER CURIAM.

It is clearly evident from the record in this case that the removal of this dam would entail a heavy loss upon the appellant, wholly disproportionate to the damage that would be caused to plaintiff's land, which the trial court found would be appreciable, though slight. The trial court gave no directions as to how this dam should be altered, nor does it otherwise appear that any reasonable alteration thereof, less than its complete destruction, would prevent...

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