Grove v. Mikesell (13 Ohio St. 158, 1862)

Sutlibí, C. J..

By the statute in force at the time of the obstruction complained of by the plaintiff in the original action, it is made “the duty of each, and every supervisor to open, or cause to be opened, all public roads and highways which shall have been” (or might thereafter be), “laid out and established through any part of the district assigned to such supervisor ; the same to keep in repair, and remove, or cause to be removed, all obstructions that may from time to time be found thereon; for which purpose the supervisors are (thereby) authorized to enter upon any uncultivated lands, unincumbered by a crop, near or adjoining the public roads, to cut and carry away timber, to dig or cause to be dug and carried away, any gravel, sand or stone, which may be necessary to improve or repair said road; and to enter on any lands, adjoining or lying near the road, to make such drains or ditches through the same, as they may deem necessary for the benefit of the roads, doing as little injury to said lands and timber as the nature of the case, and the public good, will permit,” 'etc. Sec. 12, the supervisors act of February 13, 1853. 3 Curw si’s St. 2131.

And by section 13, of the same act, it is provided: “ That if any person, body politic or corporate, shall obstruct any public road or highway, authorized by any law of this state, and suffer such obstruction to remain to the hinderance or inconvenience of persons making use of such public road or highway, or shall by virtue of any authority whatever, or otherwise change the line, fill up, or dig out the bed of any such road or highway, or in any other manner render the same less convenient or useful than it had been previously thereto, such person, body corporate or politic, shall be subject to an action, on the case, at the suit of the commissioners of the county, or supervisors .in any district, or any person who shall be injured by such obstruction,” etc.

The plaintiff below seems to have brought his action upon this section of the statute. In his petition he charges the defendant below with having wrongfully