Palmer v. State

Decided August 15, 1883

Injunction — evidence—record—repair of roads and bridges — trespasser ab initio. A writ of injunction may be given in evidence, without the record of the case; and for a supervisor of highways, though directed to him as an individual. The authority to enter adjoining land and cut timber to repair roads, covers the like entry to repair a bridge part of the road, and that authority is not limited to the period between the 1st of April and the 1st of October, but may be exercised whenever the road is out of repair. A supervisor entering to cut timber for repair of road may be held a trespasser ab initio.

Decided 1883-08-15

BY THE COURT.

¶1We entertain the opinion that a bridge on a public road is within the spirit of the act prescribing the duties of supervisors, and that the authority to cut timber to repair roads, includes authority to cut for the appropriate purpose of repairing a bridge; and the exercise of this power is not confined to the period between the 1st of April and the 1st of October, but is operative whenever the road, &c., is out of repair. We see no objection to the evidence admitted, or to the charge of the court, or the refusal to charge.

¶2The judgment is affirmed, with costs.