Alfred Fischer v. Town Albin. Otto G

Defendants appeal from a judgment requiring the defendant town of Albin to remove or block certain culverts placed in a township
road adjacent to plaintiff's property. Plaintiff is the owner of property lying immediately west of a township road owned and maintained by the town of Albin. The
interpleaded defendants Kotten and Hoffman own the property immediately to the east of said road. The lands involved are included
within a drainage system known as County Ditch No. 29, established and constructed in 1916 and 1917. The natural drainage
in the area is generally from east to west. Since the establishment of the ditch, and until 1956, the surface waters collected
on the defendants' property on the east side of the road and were required to drain through intakes located on the east side
and into the tile system of County Ditch No. 29. The road acted as a barricade to the flow of the surface waters, backing
them up on the defendants' land and preventing them from flowing onto the plaintiff's property. Only occasionally would the
water reach sufficient height to overflow the road. At the time County Ditch No. 29 was established, and again when it was
repaired in 1949 and 1950, all of the lands were assessed for the benefits received.