Studabaker v. Board of Commissioners of Wells County
| Decision Date | 18 December 1903 |
| Docket Number | 20,149 |
| Citation | 69 N.E. 256,161 Ind. 583 |
| Parties | Studabaker v. Board of Commissioners of Wells County et al |
| Court | Indiana Supreme Court |
From Wells Circuit Court; J. W. Adair, Special Judge.
Proceedings by James B. Gavin and others for the establishment of a public drain. From an order of the board of county commissioners overruling exceptions of Delia M. Studabaker to the report of the engineer she appeals.
Affirmed.
Levi Mock, John Mock and George Mock, for appellant.
W. H Eichhorn, J. S. Dailey, Abram Simmons and F. C. Dailey, for appellees.
An application for the construction of a public ditch in Wells county, under the act of March 7, 1891 , was filed with the board of commissioners of that county in 1892. All necessary steps were taken in the proceedings, and a ditch was excavated on the route proposed.
August 6, 1901, the appellant, whose lands were subject to assessment for the construction of the said ditch, filed her petition with the board, charging that the improvement was not made in conformity to the plans and specifications adopted, and that it had not been completed, approved, or accepted by the board. She asked that an order requiring a report of the condition of the ditch to be made by the superintending engineer be set aside; that said engineer be removed, and another appointed in his stead; that such new engineer be required to examine the said work, and report its condition, and whether it had been completed according to the said specifications; that a commissioner be appointed to complete the said ditch, and that he be ordered to let the contract for such work. The board thereupon entered an order directing the superintending engineer to report the condition of the said improvement, and whether the same had been completed according to the plans and specifications. September 3, 1901, the engineer filed his report, showing that the main ditch, with its laterals, from 0 to stake No 448, had been inspected and accepted by a former engineer and superintendent; that the original specifications were amended by the board from stake No. 448 to stake No. 501, and that this part of the ditch had been completed according to the amended specifications, inspected, and accepted by said former engineer; and that from stake No. 501 to its terminus the ditch had been completed according to the original specifications. ...
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