Legal Opinion

McCracken v. MacNeal

Michigan Supreme Court

Decided March 29, 1912No. Docket No. 36PublishedCited by 5 opinions

Appeal from Oakland; Lamb, J., presiding. Bill by Olive E. McCracken against Edward MacNeal and Jáne MacNeal for an injunction and other relief. From a decree for complainant defendants appeal.

1Opinion of the CourtMoore, C. J.

This is a bill filed to enjoin defendants from interfering with the flow of water through a tile drain from the lands of the complainant to defendant’s land through the land of defendants, and to recover damages for such interference. From a decree in favor of the complainant, the case is brought here by appeal.

A reference to the accompanying sketch will aid in understanding the situation.

It is claimed that complainant has a right to drain the land of complainant across the land of defendant, first, because it is a natural way for the water to run, and, second, because of a right to an…

2Cases cited3 opinions

  1. Menter v. First Baptist ChurchMichigan Supreme Court · 1909
  2. Covell v. BrightMichigan Supreme Court · 1909
  3. Dummer v. United States Gypsum Co.Michigan Supreme Court · 1908

3Cited by5 opinions

  1. Defnet v. City of DetroitMichigan Supreme Court · 1950
  2. Powell v. DawsonIndiana Court of Appeals · 1984
  3. Sullivan v. NeamDistrict of Columbia Court of Appeals · 1962
  4. Ben Joseph Burkhart Trust v. Daniel CramerMichigan Court of Appeals · 2017
  5. Ben Joseph Burkhart Trust v. Daniel CramerMichigan Court of Appeals · 2017

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