Holcomb v. Alpena Power Co.

The principal issue upon the trial was whether in maintaining and operating a dam defendant held or set back water on plaintiff’s lands to his damage and injury, in the years 1907, 1908,.and 1909. This issue the jury determined in plaintiff’s favor and assessed his damages. The jury answered in the negative the following special question:

“Was not plaintiff’s land during the years 1907, 1908, and 1909 more than five feet above the level of the water as maintained by the dam used to its fullest capacity, except as to the south end of the S. W. 14 of the N. W. % of section 7, town 28 north,…