Wilbrecht v. Babcock

Taylor, C.

This action was brought against the commissioner of highways and the surety on his official bond to recover damages for casting surface water upon plaintiff’s land. Defendants demurred to the complaint. The trial court overruled the demurrer but certified that the questions involved were important and doubtful. Defendants appealed.

It appears from the complaint that the commissioner of highways, who will be intended by the term defendant hereinafter, constructed state highway No. 6 from the city of Breckenridge to the village of Wheaton; that it passes along the line of plaintiff’s…