I concur in affirming the judgment, hut upon the ground that it does not appear from the declaration that the alleged misbehavior of the drain commissioner in any way concerned the plaintiffs. 23 Am. & Eng. Enc. Law (2d Ed.), p. 379 (q); Cooley on Torts (1st Ed.), p. 379; Moss v. Cummings, 44 Mich. 359.