Legal Opinion

Murphy v. Big Rapids Water Power Co.

Michigan Supreme Court

Decided February 7, 1919No. Docket No. 75PublishedCited by 3 opinions

Appeal from Mecosta; Miner, J., presiding. Bill by Michael J. Murphy against the Big Eapids Water Power Company to compel defendant to lower the height of a dam. From a decree for plaintiff, defendant appeals.

1Opinion of the CourtBird, C. J.

Plaintiff filed his bill in the Mecosta circuit court, in chancery, praying for a mandatory *512injunction to compel defendant to lower the height of its dam across the Muskegon river at Big Rapids. The trial court granted plaintiff relief and defendant appeals.

Defendant is a corporation by virtue of Act No. 232 of the Laws of 1863, and amendments thereto (2 Comp, Laws 1897, §§ 6767-6822 [2 Comp. Laws 1915, §§ 8867-8919]). It was incorporated in 1881 and its corporate powers were renewed in 1911. Its members, or stockholders, are seven in number: One municipal corporation, one copartnership and…

2Cases cited3 opinions

  1. Hall v. RoodMichigan Supreme Court · 1879
  2. City of Big Rapids v. ComstockMichigan Supreme Court · 1887
  3. Fox v. HolcombMichigan Supreme Court · 1875

3Cited by3 opinions

  1. Monroe Carp Pond Co. v. River Raisin Paper Co.Michigan Supreme Court · 1927
  2. Beaverton Power Co. v. Wolverine Power Co.Michigan Supreme Court · 1929
  3. Marr v. HemennyMichigan Supreme Court · 1941

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