Phillips v. Village of Armada
Michigan Supreme Court
Error to Macomb; Erskine, J. Case by Austin H. Phillips against the village of Armada for injury to property from the deposit of sewage. There was judgment for plaintiff, and defendant brings error. The defendant village is a municipal corporation, organized under Act No. 3, Pub. Acts 1895. It is situated upon the banks of Deer creek, in Macomb county. From its source in St. Clair county, it flows through a well-settled farming community.
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Error to Macomb; Erskine, J. Case by Austin H. Phillips against the village of Armada for injury to property from the deposit of sewage. There was judgment for plaintiff, and defendant brings error. The defendant village is a municipal corporation, organized under Act No. 3, Pub. Acts 1895. It is situated upon the banks of Deer creek, in Macomb county. From its source in St. Clair county, it flows through a well-settled farming community. The farming lands slope towards the creek, and the drainage from them naturally flows into the creek. On March 22, 1907, 2,500,000 gallons of water passed a…
1Opinion of the CourtGrant, C. J.
(after stating the facts). The record in this case is of unnecessary Jength. It contains all the testimony given upon the trial. There was a sharp conflict of evidence as to noxious and offensive vapors and smells arising from the open .ditch from the mouth of the sewer to the creek; the clear preponderance of evidence being in favor of the plaintiff upon this point. The condition of this open ditch is the gravamen of the plaintiff’s *262case. Counsel for defendant state in their brief the substance of the testimony of the witnesses who testified that in passing along the road they discovered no…
2Cases cited1 opinion
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- Village of Sand Lake v. AllenMichigan Supreme Court · 1915
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