Thompson v. Hughes

Mr. Presiding Justice Carnes

delivered the opinion of the court.

This is an appeal from a judgment for the defendants in an action on the case brought by the administrator - of a landowner in a farm drainage district against the commissioners for damages as provided in section 46 (J. & A. ¶ 4523) for an alleged failure to perform the duties imposed by our Farm Drainage Act.

Barto Thompson, in his lifetime, owned 100 acres of farm land within which was a tract of about 16 acres used as a slough pasture, and within that tract a pond from surface drainage covering 4 or 5 acres. The drainage…