Dougan v. Rossville Drainage District

The opinion of the court was delivered by

Prager, C.J.:

This is an action brought by the plaintiffs, L. Frank Dougan and his farm tenants, the Mohlers, to recover from defendant Rossville Drainage District for damage to cropland and loss of crops caused by flooding. Plaintiffs claim that the flooding was the result of acts of the defendant which caused a diversion of natural waters through the construction of dikes and embankments and the widening of a drainage ditch.

The defendant filed a motion to dismiss the petition on the basis that the Rossville Drainage District was immune from liability…