Village of Forrest v. Norfolk & Western Railway Co.

Plaintiff brought an action in the circuit court of Livingston County to abate a public nuisance maintained by defendant. The circuit court held that plaintiff had acquired prescriptive rights to use a drainage structure passing under defendant’s railroad tracks, and that the alteration of said drainage structure by defendant in 1974 caused floods two to three times per year. The circuit court determined that the existing drainage structure constituted a public nuisance, and ordered defendant to abate said public nuisance by either removing the track and opening the ditch or replacing the…