Schultz v. County of Chippewa

Knutson, Justice.

This is an appeal from a judgment entered pursuant to findings of fact, conclusions of law, and order for judgment after trial by the district court of an appeal from an order of the county board dismissing a petition for the improvement of a county ditch.

County ditch No. 9 of Chippewa county was established in 1907 and constructed shortly thereafter. It was a rather shallow “bull ditch” constructed by pulling a large plow with a capstan, which resulted in a ditch of uniform depth over its course, the plow cutting the same depth without regard to grade as it was pulled over…