Springfield globe-republic. (Springfield, Ohio) 1884-1887, 1885-09-27
WHAT SHALL BE DONE
WITH THE SEW4GEOF THE CHAM
PION CITY

Important Suit Against the q y for Per-
mitting It to Run Into Buck Creek-The
Court Asked to smash the Sewage sys.
tem-warder, Bushnell Il Giessner Sued.
John and David L. Snyder, by their attor.
| neys, Bowman 4 Bowman, instituted two
very important suits in the common pleas
court, Saturday, one against the city OF
Springfield, and the other against the manu-
featuring firm Of Wsrder, Bushnell & Gless.
ner. The petition against the city alleges
that the pls'ntiffs are the owners OF the water
right from the mouth of Buck creek to the
intersection Of that creek with Plum street /;
| also, o. = very valuable tract Of land
lying between Plum street and the corpora
tion line, on the south side OF the creek and ex-
tending to the center of the stream, and ex-
tending on both sides of the stream, and in
Guiding the bed thereof from the corporation
line to the mouth Of Buck creek, at Mad riv-
er; that they have constructed "A mill race be-
ginning about 2, 800 feet below Plum street,
and in sG5 they built mill on their lands,
which they still own and operate; that
there are other valuable and available mill
sites on their lands; that Buck creek is per-
manent spring-wster stream; that the city
has converted Mill run into a sewer condu t
and has "knowingly permitted, and is now
knowingly permitting then--the residents
OF the city--to discharge the con-
tents of their privIes, and other
deleterious matter through said pipes
into said Mill run sewer, and has constructed
branch sewers,a into the sane and through
the same Tor long period, to-wit, the period
OF three years, he's discharged and now is
discharging great quantities OF sewage mat
ter and filth, both liquid and solid, including
the contents Of prlves and other filthy mat
ter, into the waters of Buck creek
by means of which filthy and dele
terious matter the waters OF said creek
flowing through the plaintiffs premises, is
fouled and corrupted, so as to ts unfit tor
stock water, and so as to fill up the plaintiffs
said race with said filthy and deleterous mat
ter, causing the growth of noxious vegetation
therein, emitting and discharging most
noisome and unwholesome, aud offensive
smells, vapors and gas, whereby the
plaintiffs said lands are rendered filthy,
nnwhoiesome and inconvenient, and the
plaintiffs and those occupying their said
premises are greatly annoyed and inconven =
fenced, and the water of said Buck creek is
rendered unfit for the plaintiff s purposes snd
the pls' ntitis are put to large additional e1-
peuse TO maintain said race and are other
wise greatly injured and their lands, race,
hesd-gates, mill, and other structures thereon,
gleatly diminished in value. The petition
makes substantially the same claim as to the
, sewage flowing from the Water street and
| Plum street sewers. The plaintiffs allege that
they have demonstrated with the city touch
ing these facts, but without avail; and that,
on the contrary, the city is engaged
in constructing other sewers. BY reason Of
all which facts the plsiutifs claim damages
in the sum Of s. 900.
The second cause of acton is as follows
The plaintiffs, for their second cause OF ac.
ton, repeat each and all the allegs-
,ions of their first cause of action as
part hereof, and say that the said
defendant, before constructing the sewers
hereinbefore mentioned, adopted a pretended
plan of sewerage tor said city, whereby it lc
I 'n''u tuhh VI ih''i''ptihS so"'i "'ouS NV
sou, III side of Buck creek. extending onto the
lands Of the plaintiff so as to dis
charge said sewerage and filth into
said creek upon plaintiff 5 prem s"s at
a point below Plum 5reet, IN SAID creek,
which lnterceping sewer, if constructed,
would toul and corrupt the waters of se'd
creek as aforesaid, through the greater part
| OF the lands of the plaintiff as atoregaid, and
! render them wholly useless for pasture u ft
for habirstion, and permanently impair their
value,to 'he great and irreparabe damage Of
the plaintiff
The plaintiffs say that the said detendan,
! has taken no steps to build said intercepting