Beaver Drainage District No. 3 v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

Mr. ChiEE Justice Stone

delivered the opinion of the court:

This is an appeal from the county court of Iroquois county in a proceeding to condemn property of the appellant across its right of way for the purpose of enlarging a ditch for drainage purposes. Appellant was allowed the sum of $10 as damages for land taken and no damages to property not taken.

Appellee, a drainage district organized under the Earm Drainage act, filed its petition for the condemnation of .161 acres of land owned by appellant for the purpose of enlarging a ditch for drainage purposes. Appellant filed its cross-petition…