Darling v. Thompson
Michigan Supreme Court
Error to Kalkaska; Aldrich, J. Case by Gilbert Darling against Robert N. Thompson and Harriet H. Stone for damages resulting from the giving way of a dam, alleged to have been caused by defendants’ negligence. From a judgment for plaintiff, defendants bring error.
1Opinion of the CourtHooker, J.
The plaintiff’s dam and mill, situate upon the Boardman river, were injured by a flood, which he charges to have been caused by the negligence of the defendants, who owned a dam about half a mile above the plaintiff’s dam. A judgment for $1,200 was recovered, and the defendants have appealed.
The most comprehensive question raised by the record is whether the court should have directed a verdict for the *217defendants. The theory of the plaintiff is that the defendants’ dam was constructed and maintained in a faulty manner and condition. He asserts that upon the upstream side, near the flume,…
2Cited by11 opinions
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- Smith v. Smith, Sturgeon & Co.Michigan Supreme Court · 1900
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