Cubit v. O'Dett
Michigan Supreme Court
Error to St. Clair. (Stevens, J.) Case. Defendants bring error. Damages for injury to a freehold are recoverable only for the period preceding the action; and if the wrong continues, successive actions may be brought; Cooley on Torts 619; Cumberland Camal Cor. v. Hitchings 65 Me. 140; Hatfield v. Central B. J¿. 33 N. J. L. 251; Savannah Je Ogeeohee Canal Co. v. Bowrguvn 51 Gra. 378; Van Pelt v. Davenport 42 la. 308 ; Ba/re v. Hoffman 79 Penn.
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Error to St. Clair. (Stevens, J.) Case. Defendants bring error. Damages for injury to a freehold are recoverable only for the period preceding the action; and if the wrong continues, successive actions may be brought; Cooley on Torts 619; Cumberland Camal Cor. v. Hitchings 65 Me. 140; Hatfield v. Central B. J¿. 33 N. J. L. 251; Savannah Je Ogeeohee Canal Co. v. Bowrguvn 51 Gra. 378; Van Pelt v. Davenport 42 la. 308 ; Ba/re v. Hoffman 79 Penn. St. 71; one whose freehold is injured by the construction of a ditch, but who can avoid the in jury by slight expenditure, is bound to do so : Ha/yden…
1Opinion of the CourtCooley, J.
The complaint in this case is that defendants have flooded the plaintiff’s land by means of a ditch which they cut along the highway, and which had the effect, while draining their own land lying to the west of him, to cast upon his land a large amount of water which otherwise would not have flowed in that direction. There are two counts in the declaration, the second only of which requires particular mention. The allegation of damage in that count is, that by the flooding of the land, and the deposit of sand and other substances thereon, it lias been rendered unfit for cultivation and…
2Cases cited9 opinions
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Kansas Pacific Railway v. MihlmanSupreme Court of Kansas · 1876
- William H. Tracy and John B. Balestier, in Error v. Samuel SwartwoutSupreme Court of the United States · 1836
- Indianapolis, Bloomington & Western Ry. Co. v. BirneyIllinois Supreme Court · 1874
- Coventry v. BartonNew York Supreme Court · 1819
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3Cited by20 opinions
- Poggi v. ScottCalifornia Supreme Court · 1914
- Lowe v. ConroyWisconsin Supreme Court · 1904
- Jabczenski v. Southern Pacific Memorial Hospitals, Inc.Court of Appeals of Arizona · 1978
- Buddy v. Department of Natural ResourcesMichigan Court of Appeals · 1975
- Birchard v. Board of HealthMichigan Supreme Court · 1918
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