The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1906-02-02

Omaha Road Directed by Court to In
do Its Drainage Work.
TIlacdnX,c Do

do Its Drainage Work.
| From Tuesdays Daily.
! Judge Cray today filed decision in
the case of the Wisconsin, Minnesota &
Pacific Railway company, plaintiff, VS..
the Chicago, st. Paul, Minneapolis &
Omaha Railway company, +. Henlein.
Joseph Salfer, n. Heinzman, August
Schultz and Jane Chapman, defendants,
and the town board of Lime and the
Blue Earth county board, intervenors.
| The court finds as matters of fact that
for fifty years or more the creek involv
ed liz the case has flowed down from
the hills to the east, dry in dry wea-
| Their and sometimes overlooking its
banks in wet weather, and carrying
down its bed large quantities of gravel,
dirt, trees, stumps and other debris, and
casting the same upon the bottom lands.
The Omaha road extends across low and
wet marsh lands at one point north of
this city, and here the waters of the
creek spread out, losing clearly de-
fined channel. This ground drains into
two small brooks known as Distillery
creek, and Stormy creek, which flow
northwesterly and empties into the Min
nesota river. They have clearly defined
channels and are the only natural drain
is in wet times entirely submerged, and
large volumes of water flow down the
creeks. The Omaha road in 1867 con-
structed culvert across Distillery
creek, but it frequently becomes clogged
and the water overlooked the embank-
ment, washing it out and damaging that
and the adjacent lands and hindering
| travel on the railroad and on the east
and west wagon road. In July, 1904,
| the road removed the accumulated dirt
and debris and dug ditch from three
to six feet deep to near the east line of
plaintiffs main line track, and thence to
the said main line near where it inter
sects the wagon road, distance of 3
200 feet. The first l,4OO feet was
through marshy land and the balance
through dry land. This ditch carries
large, quantities of water to and upon
the plaintiffs right of way and through
a small culvert Hereunder and to Chap
mans land. This culvert has been wash
ed out and debris has settled along the
embankment and has cut channels
through Chapman's land, very materially
damaging the plaintiff and Chapman.
The water never flowed there until the
ditch was dug through the dry land If
it is maintained, the plaintiff will have
to eXpend $l,700 to construct culverts
to carry off the water The plaintiff
had begun excavating to lower the grade
of the road five feet for several thous-
and feet along here, and from $4,000 to
$4,000 was so expended. The water
would greatly damage the line, unless
culverts and deep excavations were
made under the revised grade. The
lands of all the defendants except Chap
man will be much improved by an eff
fective system of drainage, but the ditch
as now dug will not effectually drain
any considerable portion of it.
1t is found that the digging of the
utSh do iloW uuS Has Cduocu dHu VIII
cause unnecessary and unreasonable
damage to the plaintiff and to Chapman,
and that the method so adopted by the
road to carry along the water and pro-
tect its road bed and the east and west
road and to drain the lands, is not the
most practical method by which to ac-
complish the purpose.
The court therefore perpetually re-
strains and enjoins the Omaha road from
maintaining the westerly 1000 feet of
the ditch, and enjoins it to effectually
| fill the same to the natural surface of
the ground as it existed before it was
dug. The plaintiff will recover costs and
disbursements from the Omaha road. A
stay of twenty days is granted.