Racer v. Wingate

Dissenting Opinion.

McCabe, J.

I can not agree with the conclusion reached by my brothers in this case. Charles A. Rhine, as commissioner of drainage for Blackford county, was charged with the construction of a certain ditch or drain, *123known as the Isaac Wingate et dl. ditch, established by the order of the circuit court of Blackford county, in March, 1885, under the drainage law of 1881, and the amendatory statute of 1883. Section 4273, R. S. 1881, et ■ seq.; Elliott’s Supp., sections 1175 to 1183. Said Rhine filed his report in said court, showing the completion of the work of constructing…