Wooden v. Mt. Pleasant Lumber & Manufacturing Co.
Michigan Supreme Court
Error to Isabella; Daboll, J., presiding. Case by Sarah B. Wooden against the Mt. Pleasant Lumber & Manufacturing Company for the unlawful obstruction of a stream. From a judgment for plaintiff, defendant brings error. Plaintiff owns a grist mill, propelled by water power, created by a dam across the river Chippewa. The dam was built in 1870, without any authority from the board of supervisors.
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Error to Isabella; Daboll, J., presiding. Case by Sarah B. Wooden against the Mt. Pleasant Lumber & Manufacturing Company for the unlawful obstruction of a stream. From a judgment for plaintiff, defendant brings error. Plaintiff owns a grist mill, propelled by water power, created by a dam across the river Chippewa. The dam was built in 1870, without any authority from the board of supervisors. In 1873 the then owner presented a petition to the board, in which he set forth the construction of the dam, the building of a chute or apron for the passage of logs and ñsh, and asked that the dam be…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. Tbe defendant is not in position to raise tbe question of tbe regularity of the proceedings before the board of supervisors. No interference with its right of navigation for tbe purpose of running logs is claimed. Tbe plaintiff obtained tbe right of flowage over all tbe land affected thereby. Her business is a lawful one. The defendant is not injured by her act. It was not at tbe time engaged in navigation. Tbe stream at that time was covered with ice and snow, and could not be navigable until spring, after tbe ice and snow bad melted. Land-owners are entitled to…
2Cited by3 opinions
- Watkinson v. McCoyWashington Supreme Court · 1900
- Mandery v. Mississippi & Rum River Boom Co.Supreme Court of Minnesota · 1908
- Neely v. Detroit Sugar Co.Michigan Supreme Court · 1904