Lemonweir River Drainage District v. Chicago, Milwaukee, St. Paul & Pacific Railroad

It is contended that the condition created by placing the timbers or concrete walls across the course of Allen creek, a natural watercourse, at such a depth below the then natural bed of the stream as not to interfere with its flow in its natural state, is not subject to an order of the circuit court requiring the removal of the obstruction at the expense of the railroad company either by reason of any statutory or common-law duty so to do.

The statute under which the petitioner claimed the right to have the relief granted and which was held applicable by the court below, found as a part of…