A. L. Lakey Co. v. City of Kalamazoo
Michigan Supreme Court
Submitted November 16, 1904. Case by the A. L. Lakey Company against the city of Kalamazoo for the flooding of plaintiff’s premises. There was judgment for plaintiff, and defendant brings error. The appellant’s statement of the case is not disputed, and we therefore adopt it. It is as follows: This is an action for permitting Arcadia creek to over? flow its banks and flood the plaintiff’s cellar.
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Submitted November 16, 1904. Case by the A. L. Lakey Company against the city of Kalamazoo for the flooding of plaintiff’s premises. There was judgment for plaintiff, and defendant brings error. The appellant’s statement of the case is not disputed, and we therefore adopt it. It is as follows: This is an action for permitting Arcadia creek to over? flow its banks and flood the plaintiff’s cellar. Plaintiff bad verdict and judgment for $1,760. Arcadia creek is a natural watercourse, draining a portion of the area of the ■defendant city. The city is situated in a valley. The ■■creek has always…
1Opinion of the CourtGrant, J.
(after stating the facts). The overflow of the creek so as to flood the basement of plaintiff’s building was caused either by a great rainfall, or by the obstruction of the Harrow Spring Company, or both combined. Of course, but for-the heavy rains the oyerflow would not have occurred. It is very probable that but for the obstruction the water would have remained within the banks of the creek. The evidence is that no such flooding had before been known. Plaintiff’s manager testified that it had occupied the building ever since it was built; that it had never had a flood to that extent before;…
2Cases cited18 opinions
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
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- City of Coldwater v. TuckerMichigan Supreme Court · 1877
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