Mooney v. Drainage District No. 1

Clements, District Judge.

This is an action brought by the plaintiff, James P. Mooney, for himself and all others similarly situated, asking for an order requiring the defendant, a drainage district organized under article 4, ch. 31, Comp. St. 1929 (sections 31-401 et seq.) to increase the carrying capacity of the outlet of a drainage canal constructed by it, to an extent sufficient to drain the plaintiff’s land of water brought to it by the ditches and laterals constructed by the district.

The outlet to defendant’s drainage canal is common to it, and eight other drainage districts that have…