TWINSBERRY FARM v. CONSOLIDATED RAIL CORP.

No. 1859.

11 Ohio App. 3d 182 (1983)

TWINSBERRY FARM, APPELLEE, v. CONSOLIDATED RAIL CORPORATION, APPELLANT.

Court of Appeals of Ohio, Wayne County.

Decided September 14, 1983.


Attorney(s) appearing for the Case

Mr. David D. Noble, for appellee.

Mr. Charles A. Morgan, Jr., for appellant.


GEORGE, J.

The plaintiff, Twinsberry Farm, filed this action seeking a mandatory injunction. The claim alleged that a culvert underneath the roadbed of one of Consolidated Rail Corporation's railroad lines violated R.C. 4959.01 in that it was of insufficient size to prevent flooding on Twinsberry Farm's property during periods of heavy rain. Conrail conceded that when the culvert was improperly maintained, flooding would result. However, Conrail argued that, with...

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