Nemeth v. County of Genesee

It is said, in Chapel v. Smith, 80 Mich 100, 114:

“If Smith, as drain commissioner, had given plaintiff a proper outlet, there would probably have been no trouble. Certain it is that the drain commissioner could not, under the law, in laying a public drain, empty water that did not belong to Chapel upon him without providing a proper outlet to take it off his premises. If he did so, he would be responsible for the damages. Cubit v. O’Dett, 51 Mich 347, 351; Ashley v. City of Port Huron, 35 Mich 296 (24 Am Rep 552).”

Plaintiffs, owners of a farm in Genesee county, traversed by the Sheridan drain…