People ex rel. Hoes v. Canal Trustees

The relators ask a mandamus to the canal trustees, to compel them to build a bridge across the canal on section ten. The mandamus is refused upon the ground that there is no legal obligation upon the State or the canal trustees to erect the bridge.

The county road was established in 1835; a State road in 1845; and both relocated and established again in 1853. In 1829, the State dedicated a right of way, of 180 feet wide, for canal purposes. If-this question was to be put upon mere fact of the times of these dedications to public uses, it would appear that the canal was prior in time, though…