Lapeer County Road Commissioners v. Markley

The facts are stated by tbe trial judge:

“Defendants built a dam across a small creek for tbe purpose of creating an artificial lake on property they were developing in Hadley township, Lapeer county. The fill for this dam was started in January, 1927, and completed in March the same year.

“Dirt, part sand and part clay, was obtained for the fill from a nearby hill. It is undisputed that the ground was frozen when the work commenced and continued up to the time of the completion of the dam.

“There seems to be no dispute as to the necessity or fact that dynamite was required to blast out the…