Kearney v. Town of De Witt

Albert, J. —

The plaintiff owned or occupied a 93-acre tract of land close to the defendant town, in which, at the time of controversy, he was pasturing 65 head of cattle and a herd of hogs. Through this land was constructed a county drain. The defendant town lies to the north and east of the land of the plaintiff-. About 1912, defendant established a sewer system, with a disposal plant. The outlet of this sewerage system was through a tile drain, thence into an, open ditch, and into the ditch constituting the improvement in a. drainage ditch running through plaintiff’s land. ■

On- the morning…