People ex rel. Biggs v. Commissioners of Lake Fork Drainage District
Illinois Supreme Court
Writ of Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Piatt county; the Hon. W. G. Cochran, Judge, presiding. This is a petition for mandamus filed by defendant in error to compel plaintiffs in error to construct a bridge across the natural channel of a stream, known as the Lake Fork of the Okaw, flowing through the former’s land. The land in question is in Drainage District No. 7, Unity township, Piatt county.
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Writ of Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Piatt county; the Hon. W. G. Cochran, Judge, presiding. This is a petition for mandamus filed by defendant in error to compel plaintiffs in error to construct a bridge across the natural channel of a stream, known as the Lake Fork of the Okaw, flowing through the former’s land. The land in question is in Drainage District No. 7, Unity township, Piatt county. Plaintiffs in error are in charge of a district lying above district 7. The commissioners of said last named district had…
1Opinion of the CourtJustice Carter
Plaintiffs in error insist that the duty to bridge the ditch in question devolved upon the commissioners of district 7 at the time said right of way was obtained in said channel, and that such responsibility did not first arise upon the cleaning, widening and deepening of said channel by plaintiffs in error. In view of the facts of the record we cannot agree with this contention. Under section 74 of the Farm Drainage act, (Hurd’s Stat. 1905, p. 824,) when open drains are constructed, bridges shall at certain points be constructed and maintained by the commissioners across such drains. By…
2Cases cited1 opinion
- Union Drainage District v. O'ReillyIllinois Supreme Court · 1890
3Cited by1 opinion
- Stroud v. Commissioners of Union Drainage District No. 1Appellate Court of Illinois · 1910