Hines v. Darling

This action was brought under 3 How. Stat. *49§ 1403, to recover a penalty for willfully obstructing a certain ditch laid along the public highway in front of defendant’s premises. The action was commenced in justice’s court, and appealed to the circuit, where the plaintiff had verdict and judgment for the penalty of $25 provided by the statute. The ditch had been dug about 13 or 14 years. It was admitted that the defendant obstructed it in two places, and, being ordered by the highway commissioner to remove the obstructions, he refused to do so. The defense was that the ditch was not lawfully…