Dye v. Town of Cherry Creek

The complaint alleges that defendant is one of the towns of Chautauqua county; that plaintiff has the use of certain improved lands therein; that along the westerly end of plaintiff’s lands is a highway which is crossed by a creek; that across the stream was a bridge; that the opening under the bridge was ample to carry the waters of the creek; that1‘ heretofore and on or about three years ago the defendant through its officers, agents and servants caused the removal of said bridge and erected in place, thereof a culvert; ’ ’ that the culvert is insufficient to carry the waters of the creek;…