Tower v. Township of Somerset

{after stating the facts). 1. Complainants insist that this channel which the water had worn had become a neighborhood drain within Freeman v. Weeks, 45 Mich. 335, 48 Mich. 255. This case and that have no elements in common. In that case the ditch was dug by common consent. The defendant who obstructed it assisted himself in digging it.' The parties actively acquiesced in it. In the case at bar the elements had obstructed the original sluice through which the water ran and had worn out another zigzag channel along the highway. No active steps were taken to clean out the old sluiceway, and the…