Opinion
Gen. No. 9,543. (Abstract of Decision.)
Opinion filed June 28, 1940
DRAINAGE, § 466 — ditch obstructed by pipeline, evidence as to damage from overflow. Where construction of pipeline by defendant interfered with a drainage ditch, causing farm land of which plaintiff was a tenant to be flooded and interfering with corn crop, and settlement agreement provided that further sums should be paid if adjacent farm lands should yield an average of 60 bushels per acre while land in question did not yield 40 bushels per acre, testimony of witnesses as to such yield given 8 years later without reference to records was too indefinite to show that adjoining land did yield 60 bushels per acre.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Lee county; Hon. LEON A. ZICK, presiding.
Affirmed. Heard in this court at May term, 1940.
Fremont M. Kaufman, for appellant;
Fred E. Gardner, for appellee.
"Not to be published in full." Opinion filed June 28, 1940.