Dean v. Millard
Michigan Supreme Court
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
- Highway Commissioners v. ElyMichigan Supreme Court · 1884
- Smith v. Township of EatonMichigan Supreme Court · 1904
- Elliott v. CarterMichigan Supreme Court · 1905
3Cited by4 opinions
- King v. County of StarkNorth Dakota Supreme Court · 1936
- Wilson v. SpencerNebraska Supreme Court · 1912
- Harmer v. PetersenNebraska Supreme Court · 1949
- Miller v. HarmerMichigan Supreme Court · 1913