Dynes v. Town of Kilkenny

In 1918 plaintiff owned and still owns an 80-acre farm in the town of Kilkenny, Le Sueur county. It was well tilled and was free from quack grass. A public highway runs east and west on the north line of plaintiff’s land. On the farm adjoining plaintiff on the east and also in the highway abutting thereon there was an abundance of quack grass. In June 1918 the town supervisors of the town of Kilkenny commenced improvement of this road. The improvement involved a fill where the road passes through plaintiff’s land, and some of the earth for the fill was brought from along the road to the east.…