Department of Highways v. McKinney

Opinion op the Court by

Van Sant, Commissioner

Affirming.

Appellee, W. M. McKinney, owns a tract of land north, of, and adjacent to, route 60 in McCracken county between Paducah and Hinkleville. His land is practically level and is extremely fertile. For 40 years prior to the acts complained of, the land to the south of the high way drained into a .natural ditch several feet deep, lying on the south side of the highway, which ditch had its outlet into Perkins creek which runs under a bridge in the highway and flows past appellee’s farm on its western boundary. The land lying to the south of the…