Winchell v. Clark

The plaintiff sued in justice’s court for damages arising from an alleged trespass upon her property, in that the- said defendant, with force and arms, entered her close, and tore down and destroyed a certain stone dam thereon, erected and maintained by her, and used to dam up the waters of the Kalamazoo river for manufacturing purposes.

The defendant gave notice that, at the time of the alleged trespass, he was in possession of the premises where the dam was located; that the dam wrongfully overflowed his premises, and that, if he committed any act as charged in the plaintiff’s declaration,…