Marr v. Hemenny

Defendants (appellants) are the owners of a dam in Orleans township, Ionia county, whereby the waters of Spencer creek are impounded and used to operate a small mill owned by defendants. Plaintiff is the owner of riparian lands bordering on the millpond above the dam. This bill of complaint was filed by plaintiff to enjoin defendants from maintaining a head of water at the dam so as to overflow some of plaintiff’s lands, and also to recover damages claimed to have resulted from such overflow since 1934. Plaintiff was granted injunctive relief and damages in the court below.

No question is…