WIDMER v. SWEENEY ET AL.

No. 29,094.

234 Ind. 263 (1955)

124 N.E.2d 385

WIDMER v. SWEENEY ET AL.

Supreme Court of Indiana.

Rehearing denied April 20, 1955.


Attorney(s) appearing for the Case

F. Edward Dumas, of Fowler, Francis J. Murphy and Vernon E. St. John, of Lafayette, for appellant.

William S. Isham, Ernest M. Hawkins and H. Joe Rayle, all of Fowler, for appellees.


ACHOR, J.

This is an appeal from a judgment authorizing the construction of an open ditch and for the repair of auxiliary tile which drained thereinto. Petition therefor was filed in 1950 by appellees.

The petition alleged that the petitioners were the owners of more than 10 per cent of the lands affected lying outside the corporate limits of any city; that the successful drainage of their respective lands, etc., could not be accomplished in the best and cheapest...

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