Lanterna Rally

Author: Ohio. Attorney 's Office

Publisher: Rarebooksclub.com

Published: 2013-09

Total Pages: 532

ISBN-13: 9781230058528

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ... maintaining such canal, and such damage was unavoidable by the use of ordinary care on the part of the owner of the damaged property, the commissioners are authorized to award the owner of such property such damages as they deem just. ' The facts stated in your inquiry are very limited and general. When reference is made to the natural drainage from adjacent land I infer that it is meant water which has been diverted by the state or its officers or agents from the natural water courses into the canal by reason of its construction and maintenance. In such case the state, in diverting water from the natural water course into the canal, would assume the responsibility of using ordinary care in providing for the restraint of such water so as to protect private property from all injury therefrom which would not have resulted from such water flowing in its natural course. That is to say, it would be the duty of the state to use ordinary care to safeguard private property from injury by water diverted by the state, its officers or agents from its natural course to the extent of that amount of water which might be ordinarily anticipated to flow in or from such natural water course in time of ordinary storms, freshets, and a failure on the part of the oflicers or agents of the state to exercise such ordinary care in the construction or maintenance and repair of any canal into which they have diverted the water from a natural water course would constitute such negligence as would form a proper basis for an award of just damages by the commissioners to the owner of private property injured by reason of any break, leakage or overflow of such diverted water from the canal. On the contrary, if a natural water course has been so diverted by the...