Merrill v. President of Kalamazoo

Cooeey, Ch. J.:

The action below was brought by the defendants in error to recover the expense of constructing a bridge on Portage street, in the village of Kalamazoo, over a race cut in or about the year 1840 to conduct water to the mill owned and operated by the plaintiffs in error. The race appears to have been bridged from the first, and the bridge in question was constructed by the village authorities in the place of the one which they claimed had become unfit for use. Before constructing it they had notified the mill-owners to do so, furnishing them with the specifications, which were…