Legal Opinion

Clark v. Detroit & Mackinac Railway Co.

Michigan Supreme Court

Decided December 27, 1918No. Docket No. 9Published

Error to Bay; Mayne, J., presiding. Case by George Clark against the Detroit & Mackinac Railway Company for damages to plaintiff’s crops by flooding. Judgment for plaintiff. Defendant brings error.

1Opinion of the CourtMoore, J.

Plaintiff brought this suit against the defendant for damages to his interests in certain crops on what is known as the Pelkey farm of 200 acres. The main line of the Detroit & Mackinac Rail*123way Company was built across the farm, which is and always has been low and comparatively level land. In a -state of nature there was a creek running in a northeasterly course and then in a northwesterly course across this farm. The defendant in order to take care of the water which flowed through this creek constructed at the time the railroad was built two culverts under the railroad track. These…

2Cases cited5 opinions

  1. Grand Rapids Booming Co. v. JarvisMichigan Supreme Court · 1874
  2. Patrick v. HowardMichigan Supreme Court · 1881
  3. Witheral v. Muskegon Booming Co.Michigan Supreme Court · 1888
  4. Clark v. Onaway-Alpena Telephone Co.Michigan Supreme Court · 1917
  5. Chamberlain v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1899

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