Costello v. Colfax County

This is an action to enjoin the construction of a drainage ditch, in Colfax county, Nebraska, which would divert the waters of Dry creek into Maple creek, on the ground that the increased flow of water in Maple creek would cause it to overflow and flood plaintiffs’ lands to their damage, with*41out provision having been made for compensating them. Plaintiffs’ lands are in the valley of, and below the point where the diverted waters would enter, Maple creek. Defendants are the county of Colfax, the county clerk and county commissioners of said county, and the petitioners for the drainage ditch.…