Goodrich v. McMillan
Michigan Supreme Court
Appeal from Cass; White- (Charles E.), J., presiding. Bill by Clyde Goodrich and others against William H. McMillan and another to require the rebuilding of a dam. J. M. East and others, owners of flooded lands, intervened as defendants, asking affirmative relief. From a decree for defendants, plaintiffs appeal.
1Opinion of the CourtClark, J.
The grantor of defendant McMillan in the regular chain of title built a mill dam of earth and timber about the year 1850 in Dowagiac river. It raised the level of several small lakes nearly 3 feet. It flowed lands to the extent of 1,600 acres. The flowage rights were acquired by prescription and have been conveyed with the mill property. The forests disappeared. The sawmill followed. The grist mill was almost abandoned when, in 1917, the dam, aged and decayed, went out after having maintained the waters of the lakes above natural level for nearly 70 years. Defendant McMillan decided not to…
2Cases cited10 opinions
- Smith v. YoumansWisconsin Supreme Court · 1897
- Kray v. MuggliSupreme Court of Minnesota · 1901
- Mathewson v. HoffmanMichigan Supreme Court · 1889
- Taft v. Bridgeton Worsted Co.Massachusetts Supreme Judicial Court · 1921
- Lakeside Manufacturing Co. v. City of WorcesterMassachusetts Supreme Judicial Court · 1904
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3Cited by13 opinions
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- Drainage Board v. Village of HomerMichigan Supreme Court · 1957
- Hood v. SlefkinSupreme Court of Rhode Island · 1958
- Tilden v. SmithSupreme Court of Florida · 1927
- In Re Martiny Lakes ProjectMichigan Supreme Court · 1968
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