Harris v. Boutwell
Michigan Supreme Court
Appeal from Shiawassee; Miner, J. Bill by Mary E. Harris against John Boutwell, county drain commissioner, to enjoin the construction of a drain. From a decree dismissing the bill, complainant appeals. Complainant seeks in this suit to restrain the construetion of a drain known as the “ Hemingway lake drain." The defendant is the county drain commissioner. It is conceded in the bill of complaint that the proceedings to lay out this drain are regular.
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Appeal from Shiawassee; Miner, J. Bill by Mary E. Harris against John Boutwell, county drain commissioner, to enjoin the construction of a drain. From a decree dismissing the bill, complainant appeals. Complainant seeks in this suit to restrain the construetion of a drain known as the “ Hemingway lake drain." The defendant is the county drain commissioner. It is conceded in the bill of complaint that the proceedings to lay out this drain are regular. The sole ground upon which complainant seeks to restrain its construction is that it will precipitate additional water upon a portion of her…
1Opinion of the CourtGrant, J.
(after stating the facts). The land through which the Looking-Glass river runs is low with occasional elevations, on one of which the complainant’s farm buildings are situated. The Looking-Glass river drain is virtually a widening and deepening of the bed of the river, with an occasional cut for the purpose of straightening and increasing the rapidity of the flow. It is a natural stream. The fact that proceedings were taken under the statute to make it a drain does not affect the right of the public or of parties owning lands along it. Abutting own*457ers have a right to drain land into…
2Cases cited6 opinions
- Kauffman v. GriesemerSupreme Court of Pennsylvania · 1856
- Waffle v. . New York Central R.R. Co.New York Court of Appeals · 1873
- Treat v. BatesMichigan Supreme Court · 1873
- Barker v. Township of VernonMichigan Supreme Court · 1886
- Hyatt v. AlbroMichigan Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Duryea v. EdingerMichigan Supreme Court · 1912