Lake Erie & Western Railroad v. State, ex rel. Mushlitz

The appellee prosecuted this suit in *159the circuit court to enforce, by the writ of mandamus, the removal of an obstruction from a public ditch within the civil township of which the relator was trustee. The alternative writ, upon which the issues were formed, set forth-the facts related in the petition, and one of the assigned errors of the lower court is in the overruling of appellant’s demurrer to said writ. The obstruction complained of consisted in maintaining across the appellant’s right of way, in the line of said ditch, a large iron sewer-pipe for the passage, through said right of way,…