Talmage v. Smith

The plaintiff recovered in an action of trespass. The case made by plaintiff’s proofs was substantially as follows: On the evening of September 17, 1891, some limekilns were burning a short distance from defendant’s premises, in Portland, Ionia county. Defendant had on his premises certain sheds. He came up to *372the' vicinity of the sheds, and saw six or eight hoys on the roof of one of them. He claims that he ordered the boys to get down, and they at once did so. He then passed around to where he had a view of the roof of another shed, and saw two boys on. the roof. The defendant claims that…