Flynn v. Service
Michigan Supreme Court
Appeal from Shiawassee; Smith, J. Bill by Matthew H. Flynn and Catherine Flynn against Charles Service, Christopher Dansby, and Thomas Denehe to restrain the digging of a certain drain. From a decree for complainants, defendants appeal. Complainants filed their bill to restrain the defendants from digging a drain draining three small lakes known as Hemingway Lake and Twin Lakes, and discharging the water upon their land.
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Appeal from Shiawassee; Smith, J. Bill by Matthew H. Flynn and Catherine Flynn against Charles Service, Christopher Dansby, and Thomas Denehe to restrain the digging of a certain drain. From a decree for complainants, defendants appeal. Complainants filed their bill to restrain the defendants from digging a drain draining three small lakes known as Hemingway Lake and Twin Lakes, and discharging the water upon their land. Hemingway Lake lies a short distance west of the public highway running north and south. The lakes are upon the lands of defendants Dansby and Service. Defendant Denehe’s…
1Opinion of the CourtGrant, J.
{after stating the facts). The main purpose of this drain was to benefit the lands of the defendants Service and Dansby by lowering the water in these lakes. The land on the west side of Hemingway Lake is 4 to 4£ feet higher than the lake. Defendants did not claim upon the hearing in the court below, neither do they claim here, the right to construct a new drain and turn the water upon complainants’ land. Their sole defense, as stated upon the hearing below, is a permanent easement, obtained through one Isaac Wright, who is alleged to have dug the drain 46 years before. Whether this defense…
2Cases cited4 opinions
- Turner v. HartMichigan Supreme Court · 1888
- Chapel v. SmithMichigan Supreme Court · 1890
- A. P. Cook Co. v. BeardMichigan Supreme Court · 1895
- Reed v. JourdanMichigan Supreme Court · 1896