Sandmeier v. Town of St. James

Lees, C.

By this action plaintiffs sought to obtain a mandatory injunction against the defendants requiring them to fill a ditch which drained a basin or depression in the surface of land crossed by a highway extending east to and over plaintiffs’ land. The complaint alleged that the individual defendants own land adjoining plaintiffs’ land on the west; that the basin is located just west of the boundary line; and that all the defendants had a hand in digging the ditch. A trial by the court without a jury resulted in findings in defendants’ favor. Judgment was entered on the findings and…