Elliott v. Carter
Michigan Supreme Court
Appeal from Ionia; Stone, J., presiding. Bill by David F. Elliott and another against Zeno W. Carter to restrain the flooding of complainants’ land. From a decree dismissing the bill, complainants appeal, iteversed, and decree entered for complainants. Complainants and defendant own adjoining farms; •complainants’ being on the west sideband defendant’s on the east side, of a public highway running north and south. The country is very flat and marshy.
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Appeal from Ionia; Stone, J., presiding. Bill by David F. Elliott and another against Zeno W. Carter to restrain the flooding of complainants’ land. From a decree dismissing the bill, complainants appeal, iteversed, and decree entered for complainants. Complainants and defendant own adjoining farms; •complainants’ being on the west sideband defendant’s on the east side, of a public highway running north and south. The country is very flat and marshy. On each side of this highway is a ditch running from a swale or low piece of ground, situated partly on the lands of both. The highway separates…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. That neither the public, in constructing highways, nor private parties for the benefit of their own lands, can turn water from its natural course onto the lands of another, is well settled. 2 Farnham on Waters & Water Rights, 960; McAskill v. Township of Hancock, 129 Mich. 74 (55 L. R. A. 738); Breen v. Hyde, 130 Mich. 1, and authorities there cited; Smith v. Township of Eaton, 138 Mich. 511. It is shown by a survey made by a competent surveyor that the lands around this swale on the defendant’s farm are lower than those upon the complainants’ farm, and that,…
2Cases cited3 opinions
- Smith v. Township of EatonMichigan Supreme Court · 1904
- Breen v. HydeMichigan Supreme Court · 1902
- McAskill v. Township of HancockMichigan Supreme Court · 1901
3Cited by7 opinions
- Peterman v. Department of Natural ResourcesMichigan Supreme Court · 1994
- Robinson v. Township of WyomingMichigan Supreme Court · 1945
- Dean v. MillardMichigan Supreme Court · 1908
- Township of Blendon v. De JongeMichigan Supreme Court · 1914
- Burke v. FreyMichigan Supreme Court · 1960
2 more not listed; retrieve them via the Exa API.