CALDWELL v. GOLDBERG

No. 74-607.

43 Ohio St. 2d 48 (1975)

CALDWELL ET AL., APPELLEES, v. GOLDBERG ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 2, 1975.


Attorney(s) appearing for the Case

Mr. Kenneth M. Robbins, for appellees.

Messrs. Margulis, Gussler, Hall & Hosterman, Mr. Leo J. Hall and Mr. John W. Hosterman, for appellants.


CELEBREZZE, J.

The determinative issue in the case before us is whether the drainage ditch which traverses the Caldwell and Timmons lands is a public or a private ditch.

R. C. Chapter 6131, titled "Single County Ditches," establishes procedures for improving ditches, drains and watercourses for drainage purposes by the board of county commissioners. Appellants argue that the ditch is a public watercourse by operation...

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