Mizner v. Frazier
Michigan Supreme Court
Error to St. Joseph. Trespass on the case for damages by Frazier against Mizner “for that whereas the said defendant, to wit: on the 24th day of May, A. D. 1877, with force and arms, to-wit: at the village of Centreville in said county of ■St. Joseph, drove a certain horse to-wit: one horse and sulky in which he, the said defendant, was then and there driving in and along the coursing track of the St. Joseph county fair grounds, with great force and violence upon and against…
Read the full summary
Error to St. Joseph. Trespass on the case for damages by Frazier against Mizner “for that whereas the said defendant, to wit: on the 24th day of May, A. D. 1877, with force and arms, to-wit: at the village of Centreville in said county of ■St. Joseph, drove a certain horse to-wit: one horse and sulky in which he, the said defendant, was then and there driving in and along the coursing track of the St. Joseph county fair grounds, with great force and violence upon and against a certain other sulky to-wit: the sulky then and there being lawfully used and driven by him the said plaintiff, of…
1Opinion of the CourtGraves, J.
The parties were on a race course engaged in trotting horses before sulkies, and the horse and sulky employed by Mizner ran against the sulky occupied by Erazier and injured him and the horse and broke the sulky. He sued in trespass and obtained a verdict, and error is charged against some of the proceedings. The general ownership of the horse and sulky was in other parties. His connection with the sulky is very imper*594fectly described in tbe declaration, but my brethren are of opinion that as there was no demurrer, it ought to be taken that the allegation imports that he held as bailee, and…
2Cited by11 opinions
- Perkins v. BrownTennessee Supreme Court · 1915
- Cook v. Packard Motor Car Co.Supreme Court of Connecticut · 1914
- Chicago, R. I. & G. Ry. Co. v. ZumwaltTexas Commission of Appeals · 1922
- United States v. Atlantic Coast Line R.District Court, E.D. North Carolina · 1913
- Patricia Spracher Baldwin v. John L. Hill, Betty Lou Mernatti v. John L. HillCourt of Appeals for the Sixth Circuit · 1963
6 more not listed; retrieve them via the Exa API.