Highway Commissioners v. Ely

The commissioner of highways sued Ely in justice’s court to recover the statutory penalty for willfully obstructing a ditch constructed for draining the highway, (How. Stat. § 1403,) and recovered judgment before a jury. He appealed, and another jury trial was had, and he brings the case here on writ of error.

*174The record discloses that the defendant was the owner of lands adjoining the highway; that there was a hollow or sag in the road in front of defendant’s lands, and on one side of the road-bed gravel had been taken for the purpose of repairing the road, leaving a dangerous pit. On…