Defiel v. County of Clay

Lees, C.

This action was brought against Clay county to recover damages to appellant’s land adjoining County Ditch No. 32. The ditch was constructed on the south side of the land, and the damage was caused by surface water held back by a spoil bank on the north side of the ditch. The complaint alleged that the contract for the construction of the ditch provided that openings should be left in the bank wherever designated by the county board or the engineer in charge of construction under the direction of the board; that openings should have been made wherever the bank crossed swales on…