Legal Opinion

Offley v. Garlinger

Michigan Supreme Court

Decided May 7, 1910No. Docket No. 53PublishedCited by 3 opinions

Appeal from Barry; Parkinson, J., presiding. Bill by Hibbard A. Offley against Peter Garlinger to restrain the draining of surface water upon complainant’s land. Prom a decree for complainant, defendant appeals.

1Opinion of the CourtOstrandeb, J.

The complainant owns the N. E. £ of *352section 22 in the township of Castleton, in Barry county. The defendant owns the E. £ of the S. E. \ of section 15 and the W. i of the S. W. i of section 14 in the same township. There is a highway on the section line between sections 15 and 22, and 14 and 23. It is intersected, at the contiguous corners of these four sections, by a highway running north and south. From this statement it will appear that defendant’s west 80 acres is directly north of complainant’s east 80 acres, and that they are separated by a highway. The natural flow of surface water is…

2Cases cited4 opinions

  1. Edwards v. Allouez Mining Co.Michigan Supreme Court · 1878
  2. Belden v. BlackmanMichigan Supreme Court · 1900
  3. Ayres v. HubbardMichigan Supreme Court · 1888
  4. Smith v. BarrettMichigan Supreme Court · 1909

3Cited by3 opinions

  1. Rice v. DarbyMichigan Supreme Court · 1923
  2. Garmany v. Southern Ry. Co.Supreme Court of South Carolina · 1929
  3. Hume v. Grand Trunk Western Railway Co.Michigan Supreme Court · 1916

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