Legal Opinion

Breen v. Hyde

Michigan Supreme Court

Decided March 18, 1902No. Docket No. 49PublishedCited by 8 opinions

Error to St. Clair; Vance, J. Case by Daniel Breen against John Hyde and Christopher Brandon, impleaded with Thomas Wrinn, for damages caused by flooding plaintiff’s land. From a judgment for defendants, plaintiff brings error.

1Opinion of the CourtMoore, J.

This suit was commenced in 1897. It was tried in 1899 by a jury. The court directed a verdict in favor of Thomas Wrinn, The jury found a verdict in favor of the other defendants. The case is brought here by writ of error.

A reference to the plat will aid in understanding the situation. The plaintiff is the owner of the E. -J of the S. E. ¿ of section 26. Mr. Hyde has a 40 acres directly south of *3this, and separated from it by a highway. Mr. Brandon owns the W. £ of the N. E. £ of section 35. It is plaintiff’s claim that, by means of ditches, Mr. Brandon and Mr. Hyde collected water upon their…

2Cases cited12 opinions

  1. Ashley v. City of Port HuronMichigan Supreme Court · 1877
  2. William H. Tracy and John B. Balestier, in Error v. Samuel SwartwoutSupreme Court of the United States · 1836
  3. Boyd v. ConklinMichigan Supreme Court · 1884
  4. Coventry v. BartonNew York Supreme Court · 1819
  5. Tearney v. SmithIllinois Supreme Court · 1877

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3Cited by8 opinions

  1. Boll v. OstrootSouth Dakota Supreme Court · 1910
  2. Peacock v. StinchcombMichigan Supreme Court · 1915
  3. Elliott v. CarterMichigan Supreme Court · 1905
  4. People v. ThornsburyMichigan Court of Appeals · 1985
  5. Township of Merritt v. HarpMichigan Supreme Court · 1905

3 more not listed; retrieve them via the Exa API.

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