Yocom v. Township of Union

Opinion by

Gawthrop, J.,

Plaintiff alleged in bis statement of claim, filed August 16,1927, that “within the past six months, the supervisors of the defendant corporation......negligently, wrongfully and wilfully caused a deep ditch or drain to be cut into the side of ” a public highway extending north and south through his farm, and thereby diverted into it surface water accumulating on an adjacent road, which naturally flowed in the opposite direction. It is evident that the purpose of the suit was not so much for the amount of damages claimed as to settle a question of right; for plaintiff…