Platt v. Ingham County Road Commission

Plaintiffs appeal the denial of an injunction sought against defendant to prevent it from entering upon their land to remove certain trees for the purpose of widening Williamston road in Williamstown Township, Ingham County.

It appears that the trial court based its decision upon the erroneous view that a right-of-way for a highway obtained by prescriptive use is always to be four rods in width regardless of the extent of the actual use. This view was understandably fostered by the statute, MCLA 221.20; MSA 9.21:

"All highways regularly established in pursuance of existing laws, all roads that…