Brown v. Bradbury

Plaintiffs in error, who were plaintiffs below, to whom we hereinafter refer as the Browns, brought an action in equity to compel defendant in error Bradbury to reconstruct and restore to its former condition and location a ditch across Bradbury’s land which Bradbury had replaced with a new one. The trial court held for Bradbury generally, and while it did not decree that he reconstruct and restore the old ditch, it did impose upon him the positive duty of eliminating certain curves in the new ditch, and to repair, maintain and keep it in such condition as to insure the delivery of the same…