Tebbel v. Spencer Electric Light & Power Co.
Michigan Supreme Court
Appeal from Ionia; Mayne, J., presiding. Bill by William R. Tebbel against the Spencer Electric Light & Power Company and another to determine conflicting power rights claimed by the parties. At the death of complainant, Mary Tebbel, executrix of his estate, was substituted as complainant. From a decree for defendants, complainant appeals.
1Opinion of the CourtBird, J.
This contest is between two dam owners. The dams are about one-half mile apart. The complainant, who is the upper proprietor, claims that the first-named defendant, who is the downstream proprietor, is maintaining a head of water in excess of what it is entitled to, with the result that it backs the water into his tailrace and diminishes his power. The defendant takes the position that it can and has established its right to maintain an eight-foot head, and that, if the water standing at that level diminishes complainant’s power, he, and not defendant, must bear the loss. After a very full…
2Cases cited8 opinions
- Owen v. FieldMassachusetts Supreme Judicial Court · 1869
- Barnes v. LloydMassachusetts Supreme Judicial Court · 1873
- Wiggins v. . McClearyNew York Court of Appeals · 1872
- Hayford v. SpokesfieldMassachusetts Supreme Judicial Court · 1868
- Day v. WaldenMichigan Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Halstead v. YoungMichigan Supreme Court · 1937