Farmers Drainage District v. Chicago, Milwaukee, St. Paul & Pacific Railroad

HANSON, District Judge.

The Fanners Drainage District has petitioned this court to declare the defendant’s bridge, T-182}/¿, which bridge crosses the plaintiffs’ ditch, a nuisance and for the court to order that the bridge be elevated so that the bottom does not extend below the tops of the present dikes which run along the ditch. Certain property owners have intervened and it is claimed that the defendant’s bridge is both a public and a private nuisance.

The action is based on diversity of citizenship.

Plaintiffs’ allegation is that the bridge and debris and ice which pile up against it impede…