Legal Opinion

Brockway v. Hydraulic Power & Light Co.

Michigan Supreme Court

Decided May 28, 1913No. Docket No. 24PublishedCited by 6 opinions

Appeal from Antrim; Lamb, J., presiding. Bill by Samuel Brockway and others against the Hydraulic Power & Light Company to restrain defendant from flooding lands of complainants. From a decree for complainants, defendant appeals.

1Opinion of the CourtSteere, C. J.

This is an injunction suit involving the alleged flooding of lands by damming. It was heard on pleadings and proofs, taken in open court, and comes here on an appeal from a decree of the circuit court of Antrim county in chancery in favor of most of the complainants, requiring the defendant to lower the wasteweir of its dam on Intermediate river 24 inches, and restraining it from maintaining said dam at any greater height. The bill of complaint is filed by 12 riparian owners whose lands, amounting to several hundred acres, have a water frontage upon Intermediate lake of several miles in…

2Cases cited5 opinions

  1. Sheffield Car Co. v. Constantine Hydraulic Co.Michigan Supreme Court · 1912
  2. Turner v. HartMichigan Supreme Court · 1888
  3. A. P. Cook Co. v. BeardMichigan Supreme Court · 1895
  4. Hass v. McManusMichigan Supreme Court · 1910
  5. Miller v. Bank of BellevilleMichigan Supreme Court · 1907

3Cited by6 opinions

  1. Felton v. WedthoffMichigan Supreme Court · 1915
  2. Kraft v. MillerMichigan Supreme Court · 1946
  3. Stuart v. Detroit Finnish Co-Operative Summer Camp Assn.Michigan Supreme Court · 1936
  4. Holcomb v. Alpena Power Co.Michigan Supreme Court · 1921
  5. Potter v. Dundee Hydraulic Power Co.Michigan Supreme Court · 1917

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