Dennis v. Osborn

*558The opinion of the court was delivered by

Johnston, C. J.:

This was a suit to enjoin the' grading of a highway and the building of a culvert across it, which it was alleged would result in throwing water upon plaintiff’s premises to his serious injury. The highway in question is laid over a rolling-prairie country and across a slight depression, at which point it was proposed -to put a culvert. The plaintiff’s farm is situated on one side of the road and the depression extends across his land. On the other side of the road is a slope or watershed of eight or nine acres, from which the rain and…