City of Peru v. Brown

The appellee brought suit to recover damages resulting from the flooding of his lands by reason of defective culverts. There was a trial and special verdict returned by the jury. The verdict is a peculiar one, contradictory in some of its features. It shows, however, that appellant’s land was flooded by reason of a culvert’s becoming filled up and obstructed. It is expressly found that “the whole amount of damage accruing to said Brown under the matters stated in his complaint, was by reason of the defective plan of construction approved by him.”

Brown, the appellee, had been a member of the…