Carlson v. Allen

The opinion of the court was delivered by

Mason, J.:

Anton Carlson built a fence upon what he asserted to be the line between his land and a public highway. The township trustee, contending that the *458fence stood in the highway, tore it down. Carlson sued the trustee personally for damages. The trustee answered, justifying his conduct. The township was made a party and recovered a judgment against the plaintiff for the amount expended in restoring the highway to condition — in making repairs occasioned by such fence and by a ditch dug by the plaintiff. The plaintiff appeals.

The plaintiff relied…