Balliet v. Harner

The opinion of the court was delivered by

Dawson, J.:

Plaintiff brought this action to enjoin the board of county commissioners of Clay county from taking a small V-shaped piece of land off the east side of his farm to make a spillway for a deep ditch on the west side of a township road which ran north and south alongside the farm.

Plaintiff alleged and the evidence in his behalf tended to prove that on the west side of the road, next to his farm, there was a ditch or waterway which carried surface water northward into a creek, that the road was 50 feet wide, that encroaching on the east side of…