Legal Opinion

Addison Flouring Mill Co. v. Lake Shore & Michigan Southern Railway Co.

Michigan Supreme Court

Decided March 5, 1910No. Docket No. 94PublishedCited by 1 opinion

Error to Lenawee; O’Mealey, J. Case by the Addison Flouring Mill Company against the Lake Shore & Michigan Southern Railway Company for damages caused by an obstruction to certain water power. A judgmentfor plaintiff for an inadequate amount is reviewed by it on writ of error.

1Opinion of the CourtHooker, J.

Devil’s Lake is a lake of some size, and the plaintiff has for many years relied upon it as a storage pond for water for its mill. In bringing it to its mill it has utilized Bean creek for about two miles. In that distance the overflow of the creek has made three ponds, called “ Upper,” “Middle,” and “Lower’’pond, all of which are of some value for the storage of water. The attached diagram will serve to illustrate the situation.

*331Between the lake and the upper pond are two highways. The water from the lake passes these in iron pipes, two under each highway. The upper highway has one 48-inch…

2Cases cited7 opinions

  1. Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
  2. Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
  3. Chattanooga v. DowlingTennessee Supreme Court · 1898
  4. Phelps v. City of DetroitMichigan Supreme Court · 1899
  5. Hoffman v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1897

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3Cited by1 opinion

  1. Theisen v. Pittmans & Dean Co.Michigan Supreme Court · 1917

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