Township of Hutchinson v. Filk

This was an action to enjoin the erection and maintenance of an obstruction to a public highway, and to recover damages for the expenses incurred by the town- in attempts to abate the nuisance. The appeal is from an order overruling a demurrer to the complaint. The grounds urged by defendant in favor of his demurrer, and against the order appealed from, are, in substance, these: *537First. That a town, in its corporate capacity, has nothing to do with highways; that all powers and duties in respect to public roads are by statute vested in and imposed upon the supervisors, eo nomine, and not as…