Graham v. Keene

This is a bill in chancery brought by appellee in the Circuit Court of De Kalb County against the commissioners of highways of the town of Victor in that county, and Joseph Smith, their employe and servant, appellants. The relief here sought was to restrain, by injunction, the digging of a ditch easterly and along the north side of a highway, described and located in the bill, through which to discharge and drain water accumulating in a pond or sag crossed by the highway upon the complainant’s land, used for cultivation, where in a state of nature it would not flow or be discharged, and at a…