Baker v. City of Ann Arbor

OPINION AND ORDER

KAESS, Chief Judge.

Penn Central Transportation Company, through its Trustees, has brought suit to recover damages incurred on June 25, 1968, when approximately 1,100 feet of its mainline tracks in Washtenaw County were destroyed in a washout at the site of the Geddes Dam on the Huron River. The City of Ann Arbor had acquired the dam, along with three others, ■from the Detroit Edison Company in September, 1963. The Geddes Dam, built in 1918, employed two gates through which the water could flow. The gates were of the so-called “bear trap” design, and each gate consisted of two…