Laserfiche WebLink
14 <br />the Railroad, we should have not only to divert the water <br />from its natural channel, and leave a large portion of the <br />meadows undrained; but we should violate the express pro- <br />visions of the law, which confines' us to the channels, or such <br />cross ditches in said meadows, or the low and swampy lands <br />connected therewith. To drain the upper meadows down on <br />the westerly side of the Railroad, would be to abandon the <br />meadows, and the low and swampy land, and to cut, not a <br />side or cross drain, but our main drain through at least twelve <br />or fifteen hundred feet of dry upland, with a cut of from <br />nine to twelve feet. The Railroad is here located five rods <br />wide, and is for a considerable distance entirely upon upland, <br />and we should be- required to keep west of their location <br />where the land is still higher, as they informed us that they <br />could not allow us to occupy their ground, because with a <br />ditch two or three feet lower than theirs, in that loose and <br />peculiar soil, we should undermine their road, and cause <br />them great trouble. <br />Moreover, we should have no legal right to cut through <br />that section of upland ; and as one of the owners of that <br />portion of land, is opposed to the whole system of drainage, <br />he would rightfully have ejected us from his premises. Be- <br />sides; as the cut would be deep, and the sol is very loose, <br />the ditch must have been curbed or walled up, on both sides, <br />or a very wide strip of land.taken for the ditch, and in either <br />case, it would probably have cost more than it has to'cross <br />the Railroad with culverts, since the corporation have agreed <br />to pay five hundred dollars towards the expense. <br />It might seem unnecessary to • labor a point so clear; but <br />as some persons who evidently have never examined the sub- <br />Sect, and are to this day ignorant of the facts in the case, <br />have charged us with spending money unnecessarily, we have <br />deemed it due to the public to state the facts in the case. <br />Equally unfounded, is the statement which has been made <br />by some, that the Railroad Company had furnished a suffi- <br />cient system of drainage. Before the upper culvert was <br />opened in their road, their diversion. of the stream from its <br />