Connors v. Hepp
Connors v. Hepp
Opinion of the Court
In 1884, the Board of Commissioners of White County established an open drain, in that county, known as the I. M. Dill ditch. In 1911, appellees filed their petition, with the board, to tile the Dill ditch, pursuant to the provisions of §6174 Burns 1914, Acts 1907 p. 508. The drainage commissioners reported in favor of the proposed work, and assessed appellant’s lands with certain benefits. Against this report, appellant filed her remonstrance in which she averred (1) that her lands were assessed too much as compared with certain other lands; (2) that certain other lands were assessed too low; (3) that
The report of the commissioners in this cause, fixes a definite point of commencement of the drain, which is followed by a statement of courses and distances, to the terminus, which is fixed in the “Lige Harp ditch,” a dredge drain constructed about eight years ago-, and which, as alleged in the report, furnishes “a good and sufficient outlet”. The report of the drainage commissioners, filed in 1884, in the I. M. Dill drain, was admitted in evidence and shows the terminus of that drain in the “Baker ditch,” and shows its depth, at its terminus, and for a distance of more than 200 feet above the same, to have been less than six inches. The starting point, courses and distances, as set out in the Dill drain report, are identical with those set out in the import here, but the depth of this drain, at its terminus, as fixed by the report, is 9.54 feet. Two of appellant’s witnesses, whose testimony was uncontradicted, testified that at the present time, the point of intersection of the Dill and Baker ditches is about two hundred feet from the Harp dredge drain. Appellant contends that the judgment should be reversed, because, as claimed, the proposed tile drain must terminate at a point where there is no possible outlet; that without an outlet, there can be no drainage of appellant’s land, and consequently no benefits thereto can accrue.
Note. — Reported, in 104 N. E. 850.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.