In Re Town Ditch No. 1

We find ourselves in disagreement with the views expressed by Mr. Justice Stone and therefore set out the following reasons for our views.

A "pothole" described by appellant Larson, owner of the 160-acre farm adjoining that of Busse, as "probably 1,400 feet long and probably 500 feet wide" and containing about ten acres, is sought to be drained under the provisions of our township ditch law. It is "practically level" land consisting of a "kind of peaty" soil "suitable for raising crops if drained." While it is "very seldom soft and wet," it has not been plowed, "because if we have a heavy rain…