Legal Opinion

Andrews v. Weckerman

Michigan Supreme Court

Decided May 24, 1906No. Docket No. 81PublishedCited by 2 opinions

Appeal from Osceola; McAlvay, J. Bill by James H. Andrews, Cornelia I. Andrews, and the Reed City Electric Company against August Weckerman, highway commissioner, Amos Rosenberg, supervisor, and the township of Richmond, to enjoin the obstruction of complainants’ water rights. From a decree for complainants, defendant township appeals.

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Appeal from Osceola; McAlvay, J. Bill by James H. Andrews, Cornelia I. Andrews, and the Reed City Electric Company against August Weckerman, highway commissioner, Amos Rosenberg, supervisor, and the township of Richmond, to enjoin the obstruction of complainants’ water rights. From a decree for complainants, defendant township appeals. Complainants own a mill site and the right to maintain a dam over Hersey river or Hersey creek, a small stream of water flowing through the village of Reed City and the defendant township. Complainants introduced mesne conveyances from James M. Reed and others…

1Opinion of the CourtGbant, J.

(after stating the facts). 1. This highway was laid out in May, 1892. The proceedings were regular. Andrews’ grantors, then owning the mill site and the 10 acres above described, and perhaps certain rights of flowage of other lands, were made parties to those proceedings and damages awarded them. In the petition and other papers no reference was made to the erection of a bridge. Necessarily the construction of one was implied. The highway was of the usual width, 66 feet. The old mill — a grain mill — and the race had previously been burned. Nothing was left but the dam and a residence and…

2Cases cited3 opinions

  1. Dumont v. KelloggMichigan Supreme Court · 1874
  2. Hilliker v. ColemanMichigan Supreme Court · 1889
  3. Hoxsie v. HoxsieMichigan Supreme Court · 1878

3Cited by2 opinions

  1. Aransas County v. Coleman-Fulton Pasture Co.Texas Supreme Court · 1917
  2. Kerley v. WolfeMichigan Supreme Court · 1957

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