Bundy v. City of Sullivan

Plaintiff, Edward R. Bundy, sought an injunction in the circuit court of Moultrie county to restrain the defendant, City of Sullivan, a municipal corporation, from draining waters and waste onto Ms lands and, by a separate count, sought to recover damages resulting therefrom. Both counts were stricken on defendant’s motion, and judgment was entered in its favor, plaintiff electing to stand on his complaint.

The complaint alleges in substance that in the year 1949, defendant “. . . construct(ed) a large artificial ditch” (hereinafter referred to as “Ditch A”) and connected one extremity thereof…