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HANSEN v. FRANKLIN COUNTY

No. 49002.

78 N.W.2d 805 (1956)

Peter HANSEN, Appellant, v. FRANKLIN COUNTY, Iowa, and the Board of Supervisors of Franklin County, Iowa, composed of H. T. Jurgens, E. A. Fredericks and G. M. Anderson, and Drainage District No. 10 in Franklin County, Iowa, Appellee.

Supreme Court of Iowa.

October 16, 1956.

Attorney(s) appearing for the Case

Uhlenhopp & Cady, Hampton, for appellant.

Leming & Hobson, and R. L. Saley, Hampton, for appellee.

THOMPSON, Chief Justice.

Plaintiff's action was at law. His petition alleges damages because of the widening and deepening of a drainage ditch across his farm in 1953. The ditch was originally constructed in 1913. There is substantial evidence from which the jury could find that the ditch was originally 40 feet wide, with a four foot berm and spoil banks from 16 to 20 feet wide on each side. It could have been found from the evidence that the land taken out of cultivation...

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