Ladd v. Flynn
Michigan Supreme Court
Appeal from Wayne. (Brevoort, J.) Bill to abate a line fence erected by defendant. Defendant appeals from an order granting the relief sought without a hearing on the merits. The facts are stated in the opinion.
1Opinion of the CourtLong, J.
This bill was filed to obtain the abatement of a line fence erected by defendant, and to perpetually enjoin him from erecting or maintaining a similar one.
The bill alleges that the parties were the owners of adjoining lots on Eighteenth street, in Detroit. Complainant’s house stands within one foot of the line, and defendant’s house about the same distance from the line on the other side. Defendant built a board fence between them, 16 feet high, shutting off the light from complainant’s windows, who claims this was done maliciously. An answer was filed, admitting the building of the fence,…
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