Chittick v. Town of Lake

The appellants sued the town for flooding two separate tracts of land. The two counts of the declaration only differ as the application of the averments to the separate tracts required. After averring occupation and cultivation of one of the tracts the first count proceeds:

“ That the natural drainage from said premises is through and by certain ditches or drains, theretofore constructed and maintained by the said defendant through and on the public street or highway, the property of said defendant known as Ashland avenue lying east of said premises, which said ditches or drains it was during…