Village of Trenton v. Rucker
Michigan Supreme Court
Appeal from Wayne; Murphy, J. Bill by the village of Trenton against J. Dean Rucker to restrain defendant from interfering with certain drains. From a decree for defendant, and an order adjudging complainant to be in contempt for violation of said decree, complainant appeals. . Defendant is the owner of a lot in the village of Trenton, lying between Front street and the Detroit river, 83£ feet by 160 feet.
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Appeal from Wayne; Murphy, J. Bill by the village of Trenton against J. Dean Rucker to restrain defendant from interfering with certain drains. From a decree for defendant, and an order adjudging complainant to be in contempt for violation of said decree, complainant appeals. . Defendant is the owner of a lot in the village of Trenton, lying between Front street and the Detroit river, 83£ feet by 160 feet. The block lying immediately to the northwest of defendant’s lot and across Front street slopes somewhat to the south and east. The water collecting on said block has, for a great many…
1Opinion of the CourtBrooke, J.
(after stating the facts). In what we have to say hereinafter, it will be borne in mind that the complainant village has no sewage system. That it is not claimed by defendant, that by reason of urban improvements, raising, grading streets, etc., therein, the natural course of the surface water has been diverted upon his land, or that the volume thereof has been increased by any act of complainant. He specifically admits in his answer that the water in question has flowed across his land from time immemorial. Under the circumstances disclosed by the record in this case, therefore, we are of…
2Cases cited15 opinions
- Lynch v. Mayor of New YorkNew York Court of Appeals · 1879
- Gregory v. BushMichigan Supreme Court · 1887
- Smith v. RumseyMichigan Supreme Court · 1876
- Boyd v. ConklinMichigan Supreme Court · 1884
- City of Atchison v. ChallissSupreme Court of Kansas · 1872
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3Cited by5 opinions
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