Lepire v. Klenk
Michigan Supreme Court
Appeal from Wayne; Hosmer, J. Bill by John Lepire against William C. Klenk to enjoin defendant from maintaining an obstruction in a navigable stream. From an order overruling a demurrer to the bill of complaint, defendant appeals. Complainant filed his bill of complaint praying that a certain canal connecting Fox creek with.
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Appeal from Wayne; Hosmer, J. Bill by John Lepire against William C. Klenk to enjoin defendant from maintaining an obstruction in a navigable stream. From an order overruling a demurrer to the bill of complaint, defendant appeals. Complainant filed his bill of complaint praying that a certain canal connecting Fox creek with. Lake St. Clair be decreed to be a highway, and that defendant be compelled to remove an obstruction placed therein and be enjoined from further obstructing the same. The bill alleges that complainant owns and occupies for residence purposes land abutting upon Fox creek;…
1Opinion of the CourtBrooke, J.
(after stating the facts). The only Michigan case cited by defendant’s counsel is Potter v. Railway Co., 95 Mich. 389 (54 N. W. 956). It is, we think, apparent that that case is not controlling of the case at bar. It is there held:(1) That there is no testimony to sustain the claim that the way in question is a navigable stream.(2) None of plaintiff’s lands adjoin it; therefore he has no interest except that possessed by the public in common.(3) Plaintiff has shown no special damage.(4) The canal was a private enterprise in which the public never obtained any rights by prescription or…
2Cases cited10 opinions
- Esson v. WattierOregon Supreme Court · 1893
- Smart v. Aroostook Lumber Co.Supreme Judicial Court of Maine · 1907
- Clark v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Jarvis v. Santa Clara Valley R.R.California Supreme Court · 1877
- Board of Water Commissioners v. City of DetroitMichigan Supreme Court · 1898
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3Cited by3 opinions
- Lepire v. KlenkMichigan Supreme Court · 1914
- Oakwood Homeowners Ass'n v. Ford Motor Co.Michigan Court of Appeals · 1977
- Oakwood Homeowners Ass'n v. Ford Motor Co.Michigan Court of Appeals · 1977