Schultz v. Forst
Indiana Court of Appeals
From Huntington Circuit Court; C. K. Luoas, Special Judge. Action by Frank Schultz and others against John Forst and others. From a judgment for defendants, the plaintiffs appeal.
1Opinion of the CourtMcMahan, C. J.
Where a petition for a public drain was filed in the circuit court and the drain constructed under Acts 1885 p. 129, and where an assessment was. laid on the whole of a forty-acre tract of land, the water falling or flowing by natural means upon such-land may be conducted into such drain by laterals. This is true even though there is a watershed on such -tract and the water from part of such tract does not naturally flow into such drain or in that direction. The fact that the drain as constructed is not of sufficient capacity and was not intended to carry all the water from such tract will…
2Cases cited4 opinions
- Williams v. OsborneIndiana Supreme Court · 1914
- Drake v. SchoenstedtIndiana Supreme Court · 1897
- Meyer v. PlotnerIndiana Court of Appeals · 1916
- Morris v. StateIndiana Supreme Court · 1913