Michigan Land & Iron Co. v. Deer Lake Co.
Michigan Supreme Court
Error to Marquette. (Grant, J.) Trespass. Plaintiff brings error. The fact of the trespass having been proven, plaintiff is entitled to treble damages unless it is made to appear that it was casual and involuntary: How. Stat. § 7957; Clark v. Field, 42 Mich. 342 ; and the trespass, once shown, the burden of proof is on defendant to show that it was casual and involuntary.
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Error to Marquette. (Grant, J.) Trespass. Plaintiff brings error. The fact of the trespass having been proven, plaintiff is entitled to treble damages unless it is made to appear that it was casual and involuntary: How. Stat. § 7957; Clark v. Field, 42 Mich. 342 ; and the trespass, once shown, the burden of proof is on defendant to show that it was casual and involuntary. It was error to charge the jury that there must be affirmative evidence, outside of the mere fact of the trespass, of willfulness, wantonness or evil design in order to establish the statutory liability; because, first, the…
1Opinion of the CourtMorse, J.
The main question in this case relates to the recovery of treble damages under the statute1 by the plaintiff.
The plaintiff brought suit and recovered judgment in an action of trespass against the defendant, for the cutting down and carrying off of pine timber growing upon its lands.
The timber was cut by the servants of the defendant, under the direction of its foreman.
The objections to the verdict, which was that the trespass was casual and involuntary, are confined to alleged errors of the court in his instructions to the jury.
It is asserted by counsel for the plaintiff that although the…
2Cases cited7 opinions
- Shepard v. GatesMichigan Supreme Court · 1883
- Champion v. VincentTexas Supreme Court · 1858
- Wallace v. FinchMichigan Supreme Court · 1872
- Moody v. WhitneySupreme Judicial Court of Maine · 1852
- Sampson v. HammondCalifornia Supreme Court · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kinzua Lumber Co. v. DaggettOregon Supreme Court · 1955
- Iacobelli Construction Co. v. Western Casualty & Surety Co.Michigan Court of Appeals · 1983
- Hunt v. HaddenDistrict Court, E.D. Michigan · 2015
- Governale v. City of OwossoMichigan Court of Appeals · 1975
- Connor v. McRaeMichigan Supreme Court · 1916
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