Lutman v. Lake Shore & Michigan Southern Railway Co.

Although lands not benefited by the construction of a ditch are not assessible with any portion of the costs thereof, this suit was prematurely brought, since the trustees had taken no action which contemplated the making of such assessment. And since the trustees did not in their answer assert the right or declare their intention to make such assessment, the judgment against them for costs is erroneous.

Judgment reversed.