Legal Opinion

Dean v. Millard

Michigan Supreme Court

Decided March 17, 1908No. Docket No. 144PublishedCited by 4 opinions

Appeal from Ottawa; Padgham, J. Bill by John Dean and Thomas Dean against Charles Millard, highway commissioner, to enjoin the construction of a ditch. From a decree dismissing the bill, complainants appeal.

1Opinion of the CourtCarpenter, J.

Complainants own a farm situated on the north side of an east and west highway in the township of Tallmadge, Ottawa county, in this State. A few rods west of the west line of complainants’ farm, said east and west highway ascends a hill 15 feet in height. In the state of nature the surplus surface water flowed from said hill along the north side of said highway into a gully on complainants’ farm. There it mingled with other surplus surface water coming from complainants’ farm, and flowed southward across the line of said highway — through a culvert placed under the roadbed — onto the land of…

2Cases cited3 opinions

  1. Highway Commissioners v. ElyMichigan Supreme Court · 1884
  2. Smith v. Township of EatonMichigan Supreme Court · 1904
  3. Elliott v. CarterMichigan Supreme Court · 1905

3Cited by4 opinions

  1. King v. County of StarkNorth Dakota Supreme Court · 1936
  2. Wilson v. SpencerNebraska Supreme Court · 1912
  3. Harmer v. PetersenNebraska Supreme Court · 1949
  4. Miller v. HarmerMichigan Supreme Court · 1913

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