James M. Weaver v. Village Bancroft

James Weaver (appellant herein) brought this suit against the Village of Bancroft (hereinafter ""Village"") alleging that he was the owner of certain real property improved by a house and garage, and that prior to the purchase of this property the Village had maintained a certain ditch and placed culverts in said ditch along the road in front of and immediately adjoining his premises. He alleged that thereafter the Village tore out these culverts and widened the ditch, thereby isolating his property and creating a nuisance which lowered the value of his property in the amount of $4,000. From a determination that the culvert was jointly owned by appellant and the Village, that both were responsible for its upkeep and maintenance and that the Village had honored its responsibility by providing materials and tendering a portion of the labor for reconstruction of the culvert or construction of a vehicular bridge which appellant refused to accept, he appeals.