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95 Mich. 441

Browne v. Winslow

Michigan Supreme Court

Decided April 28, 1893

Michigan Supreme Court · decided 1893-04-28

<p>Waters and water-courses — Diversion—Appeal—Weight of evidence.</p> <p>The conclusion of the circuit judge that the stream which complainant charges defendant with diverting did not originally entér upon or touch complainant’s land, and thát she therefore has no rights in the water, is affirmed.</p>

Decree dismissing bill affirmed · Decided 1893-04-28

Hooker, O. J.

¶1Complainant and defendant own adjoining premises. This controversy arises over a small stream which complainant claims was wrongfully diverted from her premises. Defendant makes a similar complaint against the complainant, each asking that the other be restrained.

¶2The questions in this case are:. Did the stream originally flow upon complainant’s land? If not, then has she obtained a right by adverse possession? Both are questions of fact, and both appear to have been carefully *442considered by tbe trial court. The judge saw the witnesses, and inspected the premises, and reached the conclusion that complainant failed to establish her claim. In an opinion, upon which the decree was based, he explicitly states that the stream did not originally at any point enter upon or touch the complainant's land, and that she, therefore, had no rights in the water. A careful review of the case leads us to the same conclusion. The proof upon the subject of adverse possession seems equally clear.

¶3As only questions of fact are involved,' it is unnecessary to discuss the case further.

¶4The decree of the circuit court, dismissing the bill, will be affirmed, with costs.

The other Justices concurred.
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