Appellate Court of Illinois November 1, 1902 (Ashley v. Heinrichs)

Mr. Justice Burroughs

delivered the opinion of the court.

The appellee, Henry Heinrichs, sued the appellant, L. N. Ashley, in the Circuit Court of Ford County, to recover damages to his crops alleged to have been occasioned by the wrongful damming up of an open drain which had been constructed and maintained through the lands of each, under an agreement made prior to July 1, 1889, which agreement