Stockton v. Freeman
Circuit Court of the 7th Circuit of Michigan
This is an action of trespass, brought to recover damages for tearing down and removing a certain fence on the northerly side of Black River, in Stockton’s west addition to the City of Flint.
Read the full summary
This is an action of trespass, brought to recover damages for tearing down and removing a certain fence on the northerly side of Black River, in Stockton’s west addition to the City of Flint. The plea is the general issue, with a notice that the defendants will prove under the same, that the fence mentioned in the plaintiff’s declaration was not (at the time the injuries were supposed to have been committed) standing upon or near the northerly line of Black River , but was “ standing in and npon Ann Arbor Street, which is a public highway, and was an obstruction to said street; and that the'…
1Opinion of the Court
By the Court,
Turner, Judge.
Without stopping to inquire as to the sufficiency of the notice given to the plaintiff to remove her fence, it is important to determine whether the de*233fendants were justified in doing what they did do, by virtue of the orders under which they acted. If the fence in question was in the street as claimed by the defendants, it was clearly an encroachment and not an obstruction. - This fact is evident from the testimony of all the witnesses who have testified on that subject. Under the 8th Subdivision of Section (9) Njne of the City Charter, the Common Council have…
2Cases cited1 opinion
- City of Grand Rapids v. HughesMichigan Supreme Court · 1866