SMITH v. BD. OF CTY. ROAD COMRS. OF CHIPPEWA CTY.

Calendar No. 8, Docket No. 51,718.

381 Mich. 363 (1968)

161 N.W.2d 561

SMITH v. BOARD OF COUNTY ROAD COMMISSIONERS OF CHIPPEWA COUNTY

Supreme Court of Michigan.

Rehearing denied February 3, 1969.


Attorney(s) appearing for the Case

Platt & Platt (Plunkett, Cooney, Rutt & Peacock and Jeanette A. Paskin, of counsel on application for rehearing), for plaintiff.

Burney C. Veum (Thomas J. Veum, of counsel), for defendant.


DETHMERS, C.J.

Plaintiff claims damages for defendant's trespass upon and flooding his property. Defendant raises as defense an act of God. The main question in the case is whether that defense was properly left to the jury as a question of fact.

A low area or basin, about five acres in size, was surrounded by roads on the west, north, and east sides. To the south was a hill and an area of several hundred acres which drained into the five-acre basin.

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