People ex rel. Drainage Commissioners of Union District No. 2 v. Chicago & Eastern Illinois Railway Co.

A petition for a writ of mandamus was filed by appellee in the circuit court of Kankakee county, to compel appellant to remove a 36-inch pipe placed by it across its roadbed. Said petition in substance set forth that appellee was organized under the Farm Drainage Act, Cahill’s St. ch. 42, ¶ 120 et seq., to provide a system of drainage for some 2,200 acres of land, the outlet for which is a natural watercourse running from the northeast of the district in a southerly, then westerly, and then in a northwesterly direction to the-Kankakee River; that appellant operates a railway, running in…