People v. Lake Shore & Michigan Southern Railway Co.

Graves, O. J.

This action was commenced before a justice of the peace to recover the penalty of $10 alleged to have been forfeited by the Bailway Company under section twenty-seven of the Act approved June 8, 1881, entitled “ An act to revise and consolidate the laws relating to the establishment, opening, improvement and maintenance of highways and private roads, and the building, repairing, and preservation of bridges within this State.” The section reads as follows:

“ Where any highway may have been or shall be established across any railroad, the company operating such rani-road shall open,…