Chesapeake & Ohio Railway Co. v. Powell

Flanagan, C. J. —

In or about the year 1919 there was constructed and established according to law, in Miami County, Indiana, a ditch known as the OutlandBallard ditch, following the route of Turkey Creek, a natural watercourse. This ditch is of tile with an open top ditch for surface drainage from the point of beginning to a point a short distance south of the right of way of appellant Chesapeake and Ohio Railway Company, where it becomes an open ditch which passes under the tracks of said railway. Originally this passageway was a trestle 35 feet long.

To the east of the Outland-Ballard ditch…