Larkin v. County of Saginaw
Michigan Supreme Court
Error to Saginaw Circuit. The action was brought by Larkin and Sumner against the county of Saginaw and one Hughes, for obstructing the navigation of Tittibawassee River, by the improper construction of a bridge across the same.
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Error to Saginaw Circuit. The action was brought by Larkin and Sumner against the county of Saginaw and one Hughes, for obstructing the navigation of Tittibawassee River, by the improper construction of a bridge across the same. The evidence showed that, in 1858, the Board of Supervisors of said county made an appropriation of $1,000 for the construction of said bridge; that in 1859, they, by resolution, declared its erection necessary, fixed upon a site, and appointed a committee of their number to cause the bridge to be constructed upon such plan and within such time as to them might seem…
1Opinion of the Court
Martin Ch. J.:
The Board of Supervisors of Saginaw county is clothed with legislative as well as executive power; and while the county may be made liable for its acts in the exercise of the executive, it can not for its exercise of legislative power. The determination that it was necessary to build a bridge across the Tittibawassee river, and the whole action of the Board in relation thereto, were legislative, and whether any portion was usurpation or not, no action can be maintained against the county for any consequences resulting therefrom. What would be a nuisance if erected by an…
2Cited by20 opinions
- Nicholson v. City of DetroitMichigan Supreme Court · 1902
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- Malloy v. Township of WalkerMichigan Supreme Court · 1889
- City of Detroit v. BeckmanMichigan Supreme Court · 1876
- Salliotte v. King Bridge Co.Court of Appeals for the Sixth Circuit · 1903
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