Cranson v. Snyder
Michigan Supreme Court
Appeal from Washtenaw; Kinne, J. Bill by Edgar Cranson against Gardner W. Snyder to.restrain the obstruction of certain tile drains. From a decree for complainant for* less than the relief prayed for, he. appeals. Complainant and defendant are farmers owning adjoining lands. Complainant owns the upper or dominant estate; defendant, the lower or servient estate. Complainant had three tile drains extending from his land into that of the defendant.
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Appeal from Washtenaw; Kinne, J. Bill by Edgar Cranson against Gardner W. Snyder to.restrain the obstruction of certain tile drains. From a decree for complainant for* less than the relief prayed for, he. appeals. Complainant and defendant are farmers owning adjoining lands. Complainant owns the upper or dominant estate; defendant, the lower or servient estate. Complainant had three tile drains extending from his land into that of the defendant. In the latter part of 1902, defendant closed up the mouth of these tiles where they emptied upon' his land, and the complainant filed this bill to…
1Opinion of the CourtGrant, J.
(after stating the facts). The case involves only surface water. The rights of the owners of dominant and servient estates are well settled in this State, and there is no occasion to refer to authorities elsewhere. They have not been in unison upon the question of surface water. Justice Campbell, in Boyd v. Conklin, 54 Mich. 583 (20 N. W. 595, 52 Am. Rep. 831), entered into a learned and exhaustive discussion of the subject. It was there held that the lower and servient estate must receive the surface waters which flow naturally from the dominant estate. This case was followed in Gregory v.…
2Cases cited3 opinions
- Gregory v. BushMichigan Supreme Court · 1887
- Boyd v. ConklinMichigan Supreme Court · 1884
- Leidlein v. MeyerMichigan Supreme Court · 1893
3Cited by13 opinions
- Terlecki v. StewartMichigan Court of Appeals · 2008
- Wiggins v. City of BurtonMichigan Court of Appeals · 2011
- Schmidt v. EgerMichigan Court of Appeals · 1980
- Peacock v. StinchcombMichigan Supreme Court · 1915
- O'Connor v. HoganMichigan Supreme Court · 1905
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