Legal Opinion · Dissent

Harrington v. City of Port Huron

Michigan Supreme Court

Decided May 8, 1891Published

Error to St. Clair. (Canfield, J.) Ejectment. Defendant brings error. The facts are stated in the opinion.

1DissentMorse, J.

This judgment should be affirmed. The title of the premises in issue is indisputably in the plaintiff, and he is not in possession. The city of Port Huron is maintaining continuously from day to day and hour to hour a sewer upon his premises. The mouth of the sewer, where it empties into the St. Clair river, is constructed of stone, and protected by piles, constituting an obstruction to the erection of a dock, elevator, or building, and depriving-plaintiff of all beneficial use of his water front. He has frequently applied to the municipal authorities' in relation to this sewer, .claiming it…

2Cases cited4 opinions

  1. Keyser v. SutherlandMichigan Supreme Court · 1886
  2. Hoyt v. SouthardMichigan Supreme Court · 1885
  3. Cole v. WellsMichigan Supreme Court · 1882
  4. Heinmiller v. HathewayMichigan Supreme Court · 1886

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