Chicago & Northwestern Railway Co. v. Sedgwick

(dissenting). — In-1920, the board of supervisors of Woodbury County established a drainage district, which included within its boundaries a part of the right of way of the plaintiff. The plaintiff had on file in.the auditor’s office a designation of an agent upon whom service of notice might be made by registered letter, as provided by Section 1989-a3, Code Supplement, 1913. Notice of tbe petition for establishment was not given to tbe agent, as required by this section. Tbe railroad company did not appear to tbe establishment proceedings, and hence tbe establishment was, as to tbe…