Carver v. Detroit & Saline Plank-Road Co.

This case originated in justice’s-court, where the plaintiff recovered a judgment for $10 for damage to a horse by reason of the defective condition of defendant’s road. The defendant removed the case to the circuit court by certiorari, and, on the judgment being there affirmed, has brought the case here on error.

It is alleged that the proof was insufficient to support the plaintiff’s averments, and it is said there was no proof, except an inference, that plaintiff’s horse had stepped into a hole in defendant’s road. But the affidavit for certio*459rari sets out plaintiff’s testimony, in which he…