202 N.W. 440 | Minn. | 1925
Obviously the drainage project did not do what the engineer intended that it should do. All parties anticipated more satisfactory results to this land. The sufficiency of the drain is an engineering question. The judgment of the engineer must be formed by reason of his professional training. He must reach his conclusions from things other than tests by actual results. Appellant did not discover the defects in the system until too late to urge them in the ditch proceeding. He alone is responsible for this failure. The fact that the question for him to determine was difficult does not change the rule. He had his opportunity to be heard. He had access to the engineer's survey and report which was the basis of the assessment. The viewers always assume that the drain will do that for which it is to be constructed. The landowner could have challenged the sufficiency of the drain as designed by the engineer, but appellant too was misled by the judgment of the engineer. He should have litigated its utility in the ditch proceeding. Jacobson v. County of Lac qui Parle,
Appellant claims failure of consideration relieves him from payment within the theory of Valentine v. City of St. Paul,
Affirmed. *176