Drinkwatter v. Eikenberry

On October 29,1945, this court adopted an opinion in the above entitled matter. The appellees petitioned for a rehearing, and after due consideration, it was granted and the prior opinion was withdrawn.

This action was commenced in the court below by petition of the owners of more than five per cent in acreage of the land affected by and assessed for the construction of the Eugene Mills Ditch and Tributary No. 2 thereof, requesting the alteration and repair of said ditches. The petition particularly set forth the beginning, course and termini of the ditches to be repaired, and that their…