LeBlanc v. Kruger

This suit, the names of the parties to which are becoming familiar in this Court, was begun by plaintiff, as highway commissioner, to- remove an alleged highway encroachment in Ecorse.2 The road in question is not one legally set out, but, so far as it exists, is a highway by user only, and is therefore confined to the width actually used by *562the public, and cannot be enlarged without regular proceedings and assessment of damages.

The statute in regard to such proceedings directs the commissioner to make a written order requiring the occupant to remove the encroachment within thirty days,…