Deputy Commissioner of Agriculture v. O. & A. Electric Co-Operative, Inc.

Plaintiffs brought mandamus to require defendant to remove temporarily its power lines and poles from a drain right-of-way. because they interfered with the free movement of excavating equipment used in connection with the cleaning,, deepening and widening of the drain. From an order granting the writ defendant appeals.

Plaintiffs acquired the right-of-way prior to 1935 by conveyances never recorded in the office of the register of deeds, but filed in the office of the county drain commissioner. The conveyances were for the construction and maintenance of a drain and deposit of excavated earth…