Pennoyer v. City of Saginaw

Manning J.:

This is an action against the city of Saginaw, for maintaining, keeping up and continuing in said city, since the first day of January, 1859, certain ditches, whereby thesur*535plus surface water of the city is thrown upon the land of the plaintiff, to his great injury. On the trial, after introducing evidence to show his title to the land on 1st January, 1859, and that he was in possession thereof, the existence of the ditches, and the injury done to the land, he offered in evidence the record of the proceedings of thecommon council of the city, in 1858, to prove the making of…