Legal Opinion

Smith v. Barrett

Michigan Supreme Court

Decided December 30, 1909No. Docket No. 12PublishedCited by 3 opinions

Appeal from Eaton; Smith, J. Bill by John W. Smith against Orris L. Barrett, highway commissioner of the township of Eaton Rapids, to enjoin the enlargement of a drain. From a decree dismissing the bill, complainant appeals.

1Opinion of the CourtOstrander, J.

A highway runs east and west north of complainant’s land. From the northeast comer of the land an intersecting highway runs north. There is also a highway on the west side of the land. Some of complainant’s land is low — he owns 120 acres — and in its vicinity are other low lands. To the west of it are drains; one of them, at least, being a county drain. With one of them is connected a drain or ditch some 200 rods in length, which was dug by complainant, and which extends east *326and west across his land. Into this ditch is discharged water which flows from lands to the north and the north and…

2Cited by3 opinions

  1. Offley v. GarlingerMichigan Supreme Court · 1910
  2. Village of Sand Lake v. AllenMichigan Supreme Court · 1915
  3. Dohany v. City of BirminghamMichigan Supreme Court · 1942

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