Gibeau v. Town of Pratt

The plaintiff owns a farm which abuts on the south an east-and-west highway which from 1919 until 1924 had been a part of the state highway system. In 1922 it became a town road. The plaintiff's land lies at a lower level than the land south of the road and the natural drainage of surface water is from the south to the north onto the plaintiff’s land.

In 1922, a ditch was constructed on the south side of the road and a culvert installed across it at its low point in that area and opposite plaintiff’s land. The ditch extends westerly along the south side of the road a distance of about six…