McKay v. Doty

The defendant Doty, as highway commis■sioner of the township of Raisinville, took down and removed a fence which he claimed encroached upon a high*582way. Defendant Palmer assisted him in so doing, at his-request.

The fence in question was erected by the plaintiff in the year 1885, and ran north and south, inclosing her lands, as she claims, from the highway. Claiming that the fence was entirely upon her own land, and without the limits of the highway, she brought an action of trespass against defendants for removing it. The existence of the highway was admitted, and also that it was such by user,…