Ackerman v. Cincinnati, Saginaw & Mackinaw Railroad
Michigan Supreme Court
Error to Shiawassee; Smith, J. Separate actions on the case by Clarence Ackerman, and William Ackerman against the Cincinnati, Saginaw & Mackinaw Railroad Company for damages to land caused by flooding. The cases were tried together by stipulation, resulting in judgments for plaintiffs, and defendant brings error.
1Opinion of the CourtHooker, J.
This record presents the proceedings had upon the trial of two causes, which by stipulation were tried together at circuit, resulting in separate judgments for the plaintiffs. The defendant has appealed.
The declarations are in case to recover damages to lands from flooding. Previous to the acts which are said to *59have caused the damage, one or more drains essential to the proper drainage of the plaintiffs’ lands were crossed by. defendant’s railroad trains by means of an open trestle which permitted the uninterrupted and ready escape of excessive water through said drains and the natural…
2Cases cited13 opinions
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Arrowsmith v. Nashville & D. R.U.S. Circuit Court for the District of Tennessee · 1893
- Nelson v. Vermont & Canada RailroadSupreme Court of Vermont · 1854
- Logan v. North Carolina RailroadSupreme Court of North Carolina · 1895
- Mayor of New York v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889
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3Cited by4 opinions
- Peacock v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1919
- McCulloch v. Canadian Pac. Ry. Co.District Court, D. Minnesota · 1943
- Estes v. Memphis & C. Ry. Co.Mississippi Supreme Court · 1928
- Randolph v. Detroit United RailwayMichigan Supreme Court · 1921