Kilgore v. Hascall
Michigan Supreme Court
Error to Kalamazoo Circuit. This was an action on the case brought by John Kilgore in the Circuit Court for the County of Kalamazoo, against Caroline A. Hascall, for damages resulting from the erection by defendant of a dam across the stream called “ Big Portage,” below and down the said stream or water course, and below the premises of said plaintiff, and thereby obstructing the natural flow of said stream of water, and preventing the said stream from running through the…
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Error to Kalamazoo Circuit. This was an action on the case brought by John Kilgore in the Circuit Court for the County of Kalamazoo, against Caroline A. Hascall, for damages resulting from the erection by defendant of a dam across the stream called “ Big Portage,” below and down the said stream or water course, and below the premises of said plaintiff, and thereby obstructing the natural flow of said stream of water, and preventing the said stream from running through the said premises of the plaintiff as it before that time was accustomed to do, and would have done, had it not been…
1Opinion of the Court
Campbell, Ch. J.
Plaintiff, Kilgore, brought suit against defendant’s intestate, Caroline A. Hascall, for flowing certain of his lands by means of a dam on a parcel of land further down the stream. The defence justified under a deed from Kilgore which was claimed to authorize the flowage.
Kilgore owned so much of the southeast quarter of section thirty-four, town two south, of range eleven west as lay west of the Kalamazoo and Three Bivers plank road. A stream called Portage Creek ran northerly through these lands, and a branch called the Little Portage flowed easterly through the same tract…
2Cited by3 opinions
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- Thew v. Lower Colorado River AuthorityCourt of Appeals of Texas · 1953