Pere Marquette Railroad v. Weilnau

Complainant’s right of way and track as originally laid out and built through Monroe county crossed a natural watercourse on section 19, in town 8 south, of range 8 east. Complainant’s predecessors in title constructed the roadbed with an open culvert where it crossed the natural watercourse. On January 29, 1907, an iron pipe was laid to take the place of the open culvert, and the culvert filled up. On January 10, 1907, the defendant, as drain commissioner, caused a survey to be made for the purpose of laying out and establishing a drain which would cross complainant’s right of way at the…