Muffley v. Village of St. Edward

Redick, District Judge.

Action to recover damages for the flooding of plaintiff’s premises caused by the insufficiency of ditches constructed by the village along the street to carry off the surface water collected therein from surrounding territory, and the failure of the village to remove the accumulated dirt and rubbish in such ditches causing the same ,to be choked up and to overflow upon plaintiff’s premises. A demurrer to the petition was sustained by the lower court for the sole reason that it was not therein alleged that plaintiff had given the notice required by section 4384, Comp.…