Ortalano v. State

In the work of eliminating a railroad grade crossing by constructing the highway over the railroad the State cut off and abandoned for'the distance of about 800 feet the old ditch running along the south side of the road. At the railroad a new ditch was constructed under the new overhead bridge and across the bed of the old highway. It ran from southeast to northwest about 100 feet, turned toward the west, converged toward the highway, and then ran parallel to it to a culvert.

*145The culvert had existed for many years and was not rebuilt or altered when the grade crossing elimination work Was…