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PEYTON v. HAMMER

No. 21518.

27 Ohio Misc. 68 (1970)

PEYTON v. HAMMER ET AL.

Common Pleas Court of Clinton County.

Decided December 14, 1970.

Attorney(s) appearing for the Case

Messrs. Dennis & Cartwright, Mr. Herman G. Cartwright, Jr., for plaintiff.

Mr. Thomas W. Sprinkle, for defendants.

SWAIM, J.

Plaintiff owns land in Blanchester, this county, through which a small branch or run flows, and asks for an injunction against defendants, restraining them from draining offensive waters, such as sewage, wash waters and the like, into this small waterway. Defendants claim a prescriptive right to use such small stream for their drainage, as same has been so used for more than 21 years.

The evidence showed...

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