Jewett v. Sweet

This was a bill in chancery by appellee for an injunction restraining the-appellants, in their official capacity as commissioners .of highways, from cutting a certain ditch and waterway through a highway and turnpike road upon which the farm of appellee abuts. Decree as prayed was awarded by the chancellor, and on appeal the decree was affirmed by the Appellate Court for the Second District. This is a further appeal by the said commissioners.

The opinion of the Appellate Court, rendered by Mr. Justice Dibell, is as follows:

“Appellee owns the south-east quarter of the northeast quarter of…