Douglas v. Bergland
Michigan Supreme Court
Error to Ontonagon; Driscoll (George O.), J. Case by Benjamin F. Douglas against Gunlek A. Bergland for personal injuries. Judgment for plaintiff. Defendant brings error. Defendant owns and operates a sawmill at Berg-land, on the shore of Lake Gogebic. The lake is navigable and of considerable proportions, being 17 miles in length and 3 miles in width at certain places.
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Error to Ontonagon; Driscoll (George O.), J. Case by Benjamin F. Douglas against Gunlek A. Bergland for personal injuries. Judgment for plaintiff. Defendant brings error. Defendant owns and operates a sawmill at Berg-land, on the shore of Lake Gogebic. The lake is navigable and of considerable proportions, being 17 miles in length and 3 miles in width at certain places. The village of Bergland has a population of about 400. It is sustained by defendant’s mill, most of the inhabitants being his employees and their families. It is located on the Duluth, South Shore & Atlantic railroad. A spur…
1Opinion of the CourtFellows, J.
(after stating the facts). There can be no serious question as to defendant’s right as riparian owner to the beneficial use of the subaqueous land adjoining his premises so long as he does not interfere with the public rights in this navigable lake. Rice v. Ruddiman, 10 Mich. 125. We do not understand plaintiff’s counsel to controvert this proposition. *383He bases plaintiff’s right to recover here upon his right to fish in the navigable waters of the State, upon his rights as an invitee, and upon his rights as a licensee and discusses these rights at length. We shall take them up in their order.
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2Cases cited17 opinions
- Hargreaves v. DeaconMichigan Supreme Court · 1872
- Benson v. Baltimore Traction Co.Court of Appeals of Maryland · 1893
- Rice v. RuddimanMichigan Supreme Court · 1862
- Ryan v. TowarMichigan Supreme Court · 1901
- Morrison v. CarpenterMichigan Supreme Court · 1914
12 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Diversion Lake Club v. HeathTexas Supreme Court · 1935
- Antkiewicz v. Motorists Mutual InsuranceMichigan Court of Appeals · 1979
- Delaney v. PondMichigan Supreme Court · 1957
- Harrison v. Southern Ry. Co.Court of Appeals of Tennessee · 1948
- Grand Traverse Band of Ottawa and Chippewa Indians v. Director, Michigan Department of Natural Resources, Township of Leland Village of NorthportCourt of Appeals for the Sixth Circuit · 1998
31 more not listed; retrieve them via the Exa API.