Hathaway v. Mitchell
Michigan Supreme Court
Appeal in Chancery from Lenawee Circuit. argued that the grants to Avery and to .Goulding & Morse are both by their express terms limited to the use of the flouring mill then on the premises, and confer no right to use the water for another and different purpose; that when the words used will admit of one construction which would limit the uso to a particular purpose, and another which would allow the use specified to be merely a measure of the quantity to be used, the…
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Appeal in Chancery from Lenawee Circuit. argued that the grants to Avery and to .Goulding & Morse are both by their express terms limited to the use of the flouring mill then on the premises, and confer no right to use the water for another and different purpose; that when the words used will admit of one construction which would limit the uso to a particular purpose, and another which would allow the use specified to be merely a measure of the quantity to be used, the courts incline to the latter construction as being most favorable to the grantee, but this rule has no influence where the…
1Opinion of the Court
Campbell, J:
Complainant, who is a riparian owner of land on the Biver Baisin, filed her bill to abate a mill-dam erected by defendants to supply their paper mill further down the river. The mischief complained of is, that her land is overflowed, and that the stream is so diverted that so much of her land as lies below the dam (which is at an ox-bow), is deprived of the natural fence it derived from the stream in its primary condition.
In 1849, at the lower point of the bend, and below complainant’s land (then owned by her husband), a saw-mill stood on the left bank, belonging to one Spalding,…
2Cited by4 opinions
- Hall v. City of IoniaMichigan Supreme Court · 1878
- Nichols v. New England Furniture Co.Michigan Supreme Court · 1894
- Lucas v. Ashland Light, Mill & Power Co.Nebraska Supreme Court · 1912
- Toledo, Ann Arbor & North Michigan Railway Co. v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1886