Hebron Gravel Road Co. v. Harvey

Bicknell, C. C.

— This was an action by the appellee against the appellant to recover damages.

The complaint averred, in substance, that the plaintiff owned land adjacent to a large stream of running water called Headly’s lake, which had its outlet over low grounds and through a gorge eastward to Burnett’s creek, and did not overflow the plaintiff’s land; that in 1868 a former company built a gravel road, and made an embankment across said low grounds and gorge, and put under it an insufficient culvert; that afterwards, the defendant became the owner of said gravel road, and removed the culvert…