Merkel v. Consumers Power Co.

Plaintiff is the owner of a farm of 180 acres near Oscoda on the bank of the Au Sable-river. It is his claim that 95 acres is valuable productive farm land, a portion of which is bottom land but a few feet above the natural level of the river. As we understand, the balance of the farm is unproductive. Defendant has erected five dams on the Au Sable above plaintiff’s farm, the nearest one being the Foote dam. It is the claim of the plaintiff that defendant stores the water during certain hours of the day at the Foote dam and that during the balance of the day the water so stored is liberated,…