Merkel v. Town of Germantown

Appeal from an order of tbe circuit court for Washington county: Jamies J. Dice, Circuit Judge. This is an appeal from an order sustaining tbe demurrer to tbe complaint. Tbe material facts alleged in tbe complaint are as follows: Appellant is tbe owner of premises used for agricultural purposes in tbe town of Germantown, Washington county. The premises lie on tbe south side of one of tbe highways of tbe town, and are at such a level, and lie in such relation to tbe lands at tbe north of tbe highway, that tbe waters of a considerable territory would naturally drain over them. Tbe highway for a…