Edwards v. Allouez Mining Co.

38 Mich. 46, 31 Am. Rep. 301 (1878)

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Edwards v. Allouez Mining Co.

Michigan Supreme Court
38 Mich. 46, 31 Am. Rep. 301 (1878)

SC
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Facts

Allouez Mining Company (Allouez) (defendant) built a copper-mining mill on a creek. As part of the copper-mining process, large amounts of sand flowed into the creek and were deposited on nearby downstream tracts of land. Edwards (plaintiff) bought one of the downstream tracts of land approximately one year after Allouez built the mill. Edwards did not buy the land for his own use. Edwards’s intent was to force Allouez to buy the land at a large profit. Edwards offered to sell Allouez the land for approximately three to five times the amount that Edwards paid. Allouez declined the offer. Edwards brought suit, seeking an injunction preventing Allouez from depositing sand on his land. The trial court denied the injunction but sent the case to a jury trial for an assessment of damages. Edwards appealed.

Rule of Law

Issue

Holding and Reasoning (Cooley, J.)

Dissent (Campbell, C.J.)

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