Marts v. Freeman

The opinion of the court was delivered by

BENSON, J.:

This is an appeal from a judgment for damages to growing crops caused by the obstruction of a ditch in a public road. The defendant alleges that the ditch was wrongfully opened by the plaintiif’s father, John Marts, to the defendant’s injury and without lawful right or authority, and prayed for an injunction to restrain the plaintiff from maintaining it.

At the time the ditch was opened the plaintiff’s father owned abutting land on the south side of the road referred to. The defendant owned land abutting on'the north side of the road. The…