Deatherage v. State

Claimants, Mabel and Harry Deatherage have brought this action to recover for damages to their property allegedly caused by the re-grading of adjoining lands by the State of Illinois. Claimants contend that the State violated Ill.Rev.Stat. Ch. 42, §12-4, which provides, in pertinent part,

“Whenever a natural ditch or drain constructed in the course of natural drainage crosses a public highway...the highway authority shall construct and thereafter keep in repair and maintain a bridge or culvert of sufficient length, depth, height above the bed of the drain or ditch, and capacity to serve the…