Wheat v. Van Tine
Michigan Supreme Court
Error to Tuscola; Beach, J. Trespass quare clausum freg'it by Frederick S. Wheat against George Yan Tine and others. There was judgment for defendants, and plaintiff brings error. Plaintiff is the owner of a lot fronting on Aimer street, and also another three-cornered lot located between Almér and Grant streets in the village of Caro. Lot 1 is located at the crest of what is called “Wheat’s Hill.” Aimer street extends over this elevation.
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Error to Tuscola; Beach, J. Trespass quare clausum freg'it by Frederick S. Wheat against George Yan Tine and others. There was judgment for defendants, and plaintiff brings error. Plaintiff is the owner of a lot fronting on Aimer street, and also another three-cornered lot located between Almér and Grant streets in the village of Caro. Lot 1 is located at the crest of what is called “Wheat’s Hill.” Aimer street extends over this elevation. At the foot of the hill on Aimer street is a ravine through which in time of rains water flowed and washed away the culvert. This had happened two or three…
1Opinion of the CourtGrant, J.
(after stating the facts). Plaintiff’s lots were vacant and unimproved. Near the crest of the hill • opposite one lot a mudhole existed in the center of the street, which was bad in wet weather. There were no gutters on the sides of the roadbed. The village authorities and plaintiff recognized the necessity and propriety of fixing the street and the culvert. Plaintiff admitted that he pointed out to the defendants how they might make a grade and excavation by reducing the surface of the street opposite his land, at no point more than eight inches, and thus obtain sufficient earth to fill the…
2Cases cited3 opinions
- Davis v. Mayor of JacksonMichigan Supreme Court · 1886
- Jenness v. ShawMichigan Supreme Court · 1876
- Cummings v. DixonMichigan Supreme Court · 1905
3Cited by8 opinions
- Cleveland-Cliffs Iron Co. v. Chicago & North Western Transportation Co.District Court, W.D. Michigan · 1984
- Commercial State Bank v. School District No. 3Michigan Supreme Court · 1923
- Reynick v. Aldington & Curtis Manufacturing Co.Michigan Supreme Court · 1914
- Draper v. Village of SpringwellsMichigan Supreme Court · 1926
- Township of North Star v. CowdryMichigan Supreme Court · 1920
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