Rogers v. Randall

Graves, Ch. J.

We cannot regard this record with entire approbation. In respect to a portion of .it, it appears to us exposed to criticism.

*42The action was trespass for taking up and removing a plank sidewalk which had been built by the side of the plaintiff’s lot in the village of Plainwell. The circumstances were as follows:

The village authorities caused the walk to be laid down at the expense of the village, but on á grade prepared by the plaintiff. No assessment was ever made to collect the cost of the walk, and the plaintiff never paid for it. It was allowed to remain and be used for two…