Town of Brown v. Barrett

This was an action before a justice of the peace to recover the penalty provided by Sec. 71 of the Road and Bridge Act, for turning a current of water so as to saturate or wash a certain public road. The case having been removed by appeal to the Circuit Court, was then tried by the court without the intervention of a j’ury, resulting in a judgment for the defendant, and by the further appeal of the town the record is brought to this court.

It appears from the evidence that the defendant had drained his land by tile, in such a way as to collect the water which was accustomed to flow, in a…