Crohen v. Ewers

This was an action in case commenced by appellant against appellees to recover damages for discharging water on the land of the former by means of certain drains or ditches alleged to have been dug by appellees. The declaration shows that appellees, who were commissioners of highways, but sued herein in their individual capacity, dug certain ditches on the public highway opposite and along the northeast quarter of section 20, T. 20, ¡R. 4, and thereby discharged water upon appellant’s land. To this declaration the appellees pleaded not guilty, and specially that they were commissioners of…