County of Brown v. Martinsen

The short facts are these: County Ditch No. 5 was duly established in Brown county, Minnesota, in 1905. It was an inexpensive open ditch, with 5 branch ditches. Two branches were added afterwards. Ten years later defendants, property owners within the territory served by this ditch, petitioned the board of county commissioners to repair, deepen and widen the same. A bond in the penal sum of $1,000, executed by defendants to plaintiff as obligee, accompanied the petition. Thereupon the board appointed an engineer to investigate and report. Later, viewers were appointed. When the reports came…