MUNN v. HORVITZ CO.

Nos. 37905 and 37906.

175 Ohio St. 521 (1964)

MUNN ET AL., APPELLANTS, v. THE HORVITZ CO. ET AL., APPELLEES. (Two cases.)

Supreme Court of Ohio.

Decided March 4, 1964.


Attorney(s) appearing for the Case

Messrs. Merkel, Campbell, Dill & Zetzer and Mr. Russell B. Day, for appellants.

Mr. Robert B. Krupansky, director of law, Mr. Donald M. Robiner, Mr. William B. Saxbe, attorney general, and Mr. Harry R. Paulino, for appellees.


GIBSON, J.

The first issue for decision is the extent of liability, if any, which the defendants may have incurred by reason of installing the 72-inch storm sewer for collecting the additional surface water runoff in the Deer Creek watershed and causing it to flow upon lower lands. Although an upper-land owner cannot lawfully increase the burden on lower lands by collecting surface water and discharging it directly on such lands in larger quantities or at points other...

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