Finkbinder v. Ernst
Michigan Supreme Court
Error to Washtenaw; Kinne, J. Case by Charles Finkbinder against Christian Ernst for the wrongful flooding of plaintiff’s land. From a judgment for plaintiff, defendant brings error. This unfortunate and expensive controversy between neighbors is before us for the second time. The issue and the facts are sufficiently stated in the opinion then rendered. 126 Mich. 565 (85 N. W. 1127). The record in that case did not contain all the evidence.
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Error to Washtenaw; Kinne, J. Case by Charles Finkbinder against Christian Ernst for the wrongful flooding of plaintiff’s land. From a judgment for plaintiff, defendant brings error. This unfortunate and expensive controversy between neighbors is before us for the second time. The issue and the facts are sufficiently stated in the opinion then rendered. 126 Mich. 565 (85 N. W. 1127). The record in that case did not contain all the evidence. The present record, of over 400 pages, contains all the testimony, taken stenographically. The court instructed the jury as follows: “If you find from the…
1Opinion of the CourtGrant, J.
(after stating the facts). Under this judgment the defendant may maintain his dam perpetually, thus throwing all the waters accumulating to the east thereof onto the plaintiff’s land, who, upon payment, will be compensated for the permanent injury to his farm.
The main contention on behalf of the defendant is that there was no evidence to support the charge. He insists that there is no evidence tending to show that any water ever flowed upon defendant’s premises, except occasionally, and that such water is carried upon and over defendant’s land by a three-inch tile drain, and that there is no…
2Cases cited2 opinions
- Runnells v. Village of PentwaterMichigan Supreme Court · 1896
- Banks v. CramerMichigan Supreme Court · 1896
3Cited by4 opinions
- Dupuis v. Saginaw Valley Traction Co.Michigan Supreme Court · 1906
- Line v. Grand Rapids & Indiana Railway Co.Michigan Supreme Court · 1906
- Feldkamp v. ErnstMichigan Supreme Court · 1913
- Krouse v. Detroit United RailwayMichigan Supreme Court · 1911