Zahn v. Board of County Commissioners

The opinion of the court was delivered by

Johnston, C. J.:

By this proceeding Amalie Zahn asked for a mandatory injunction to compel the commissioners of Ottawa county to restore a pass or chute which had been built *742under a highway that separated plaintiffs lands. The injunction was refused and plaintiff appeals.

Upon regular proceedings the road was located and established in 1888, and as established it separated a forty-acre tract of land on which there was a creek and abundant water, from a quarter section of upland on which there was no running water. William Zahn, the husband of the…