Thе sole question to be determined in this case is whether the action was'barred by the statute of limitations. The defendant is a canal company, incorporated under an аct of the legislature (Dawson’s Compilation, p. 97); and the gravamen of the action is, that the company did not keep its canal in such condition as to enable the plaintiff to transport his lumber and Avood over it in boats. It does not appеar from the petition that the injuries complained of were sustained within four years before the filing of the suit, and for this reаson the defendant contended that the action was bаrred. The trial judge held that under section 2916 of the code thе action was not barred. That section is as follows: “All suits for the enforcement of rights accruing to individuals under statutes, acts of incorporation, or by operation of law, shall be brought within twenty years after the right of action accruеs.” We think the court erred in holding this section applicable. There is nothing in the defendant’s charter which creates in fаvor of any individual such a statutory right as would authorize him to bring suit against the corporation at any time within twenty years. It is true the charter requires the company to keep its canal “in good and sufficient order, condition and repair, and at all times free and open to the navigation of boats, rafts and other water-crafts, and for the transportation of goods, merchandise and produce,” etc.; but no liability is* expressly created in favor of any individual or individuals. There is a duty imposed for the benefit of the. public, and any
Judgment reversed.