Legal Opinion

Hume v. Grand Trunk Western Railway Co.

Michigan Supreme Court

Decided July 21, 1916No. Docket No. 73Published

Error to Calhoun; North, J. Case by Elizabeth Hume against the Grand Trunk Western Railway Company for damages for flooding plaintiffs land. Judgment for defendant. Plaintiff brings error.

1Opinion of the CourtPerson, J.

Plaintiff is the owner of a lot in Roberts addition to the city of Battle Creek, and this lot abuts upon the southerly side of defendant’s right of *227way. The right of way, at least in that locality, runs in an easterly and westerly direction. There was a house built upon the lot in the year 1905, in which plaintiff lived for some time, but of late years the property has been rented. Plaintiff claims that the grade upon the right of way cuts off the natural flow of the surface water and holds it back upon the lot; and she has brought this action to recover damages for the alleged injury. The…

2Cases cited3 opinions

  1. Gregory v. BushMichigan Supreme Court · 1887
  2. Boyd v. ConklinMichigan Supreme Court · 1884
  3. Offley v. GarlingerMichigan Supreme Court · 1910

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