Martin Underwood, Appellee, v. C. C. Ankrum and Ida R. Ankrum, Appellants.

(Not to be reported in full.)

Appeal from the Circuit Court of Vermilion county; the Hon. E. R E. Kimbrough, Judge, presiding. Heard in this court at the October term, 1913.

Reversed.

Opinion filed October 16, 1914.

Statement of the Case.

Action commenced before a justice of the peace by-Martin Underwood against C. C. Ankrum and Ida R. Ankrum to recover damages for the alleged wrongful closing of a public highway, thereby depriving plaintiff and his customers of access to a coal mine, whereby he *366sustained damages to Ms coal business. Plaintiff obtained a judgment before the justice, and on appeal, in the Circuit Court a verdict for fifty dollars was returned in his favor, on which judgment was entered, whereupon the defendants appealed.

Abstract of the Decision.

I. Justices of the peace, § 36 * —how jurisdiction of justice determined. The jurisdiction of a justice of the peace is limited to cases in which jurisdiction is given in art. XI, § 16 of the Justice’s and Constable’s Act. J. & A. If 6877.

2. Justices of the peace, § 64*—what action cannot be brought before justice. An action for wrongfully closing a public highway, where the only remedy is by a suit in case, and the damages sued for are neither an injury to real estate nor to personal property, is improperly brought before a justice of the peace, since such justices have no jurisdiction in actions on the case.

3. Roads and bridges, § 200*—what is nature of proceeding to recover penalty for obstructing road. A proceeding in the name of a town to recover a statutory penalty for obstructing a highway is in the nature of a criminal action.

H. M. Steeley and H. M. Steeley, Jr., for appellants.

Isaac A. Love, for appellee.