143 Mich. 195 | Mich. | 1906
{after stating the facts).
“ Highway commissioners have the right to have the surface water, falling or coming naturally upon the highway, drain through the natural and usual channel upon*202 and over the lower lands,” and may construct drains or ditches for that purpose. 2 Farnham on Waters and Water Rights, p. 969.
One of the counsel apologizes for this prolix record. .We think it is unnecessarily long. In settling the case-much of the testimony and many of the remarks of counsel could have been eliminated, and much time and labor saved in the examination of the record. The habit of printing the entire stenographer’s minutes, even in chancery cases, is not to be commended. It is true that the-case is to be heard in this court de novo, but the elimination of immaterial testimony, repetitions, and arguments-of counsel, and a condensation of the record, aid the court-materially in reaching the essential facts. The costs being in the discretion of the court, it is ordered that the appellants recover only half of the cost for printing the-record.
Decree reversed, and the bill dismissed.