Mahlon Pitney

“ Rep. 400, the same doctrine was applied, and held to sustain the refusal of compensation for the cost of constructing and maintaining a railroad bridge across a gap in the right of way made by the construction, under the authority of the state, of a canal to unite two lakes that formed a part of a public park.
It requires no argument to show that the establishment of a system of public drainage in the interest of the health and general welfare of the people is likewise an object that legitimately invokes the exercise of the police power of the state. ”

“ A right to compensation is asserted in behalf of the Michigan Central on the ground that its present bridge and abutments form no obstruction to the natural flow of the Little Calumet river.
It will be observed that none of the lands of any plaintiff in error is expropriated. The damage they suffer is confined to a temporary inconvenience in the use of their rights of way pending the construction of the drain, and the necessity for making substantial expenditures of money in order to pass their railroads over the new watercourse. ”

“ By § 13 of this act (as found in Burns, § 5195) it is declared: 'Every such corporation shall possess the general powers, and be subject to the liabilities and restrictions expressed in the special powers following: . . . Fifth: To construct its road upon or across any stream of water, watercourse, highway, railroad or canal, so as not to interfere with the free use of the same, which the route of its road shall intersect, in such manner as to afford security for life and property ”