Great Northern Railway Co. v. Graff

„ This case is a companion to the case of the City of Sioux Palls against the same defendants and the same intervener. City of Sioux Falls v. Graff, 71 S. D. 608, 28 N. W.2d 84. The cases were presented and submitted together in the circuit court and likewise in this court. Since the two cases involve identical questions the opinion in this case will necessarily rule the Sioux Palls case, and I shall therefore refer to some of the facts in both cases only to show the consequences of the rule adopted by the majority of the court in this case.

Drainage Ditch Number 1 was established by the…