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NEMETH v. COUNTY OF GENESEE

Docket No. 79, Calendar No. 46,382.

347 Mich. 65 (1956)

78 N.W.2d 634

NEMETH v. COUNTY OF GENESEE.

Supreme Court of Michigan.

Decided October 1, 1956.

Attorney(s) appearing for the Case

Leon A.S. Seidel (Richard C. Fruit, of counsel), for plaintiffs.

John G. David, for defendant Genesee County.

McTaggart & McTaggart, for defendant drain commissioner.

BLACK, J. (dissenting).

It is said, in Chapel v. Smith, 80 Mich. 100, 114:

"If Smith, as drain commissioner, had given plaintiff a proper outlet, there would probably have been no trouble. Certain it is that the drain commissioner could not, under the law, in laying a public drain, empty water that did not belong to Chapel upon him without providing a proper outlet to take it off his premises...

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