LYTLE v. PENNA. RD. CO.

No. 1113.

91 Ohio App. 232 (1951)

LYTLE, APPELLEE, v. THE PENNSYLVANIA RD. CO., APPELLANT.

Court of Appeals of Ohio, Wayne County.

Decided December 12, 1951.


Attorney(s) appearing for the Case

Messrs. Critchfield, Critchfield, Critchfield & Johnston, for appellee.

Messrs. Wise, Roetzel, Maxon, Kelly & Andress, for appellant.


DOYLE, J.

Property of Edward F. Lytle was damaged by water overflowing his land from a natural watercourse. In his action against the Pennsylvania Railroad Company, based upon the claimed negligence of the carrier proximately resulting in his damage, he alleged in substance that: On and prior to June, 1946, a watercourse passed through his premises in its natural channel; defendant's railroad tracks cross the aforesaid watercourse; some time prior to June, 1946, the...

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