New York Central Railroad v. Burch

This action was commenced by the appellees by filing a petition in the Starke Circuit Court, January Term, 1939, for the construction of a new or original public ditch or drain, pursuant to the provisions of Chapter 264, Acts 1933, p. 1168, being Sec. 27-101 et seq. Burns’ Ind. St. 1933. All necessary and legal proceedings were had, leading to the filing in court of a verified report by the surveyor and viewers in favor of the construction of an open dredge ditch. Afterwards, the appellant filed a remonstrance against the construction. A trial was had, and upon appellant’s request the court…