Fisher v. Naysmith
Michigan Supreme Court
Error to Kent; McMahon, J., presiding. Trespass by Olive B. Fisher against James Naysmith, the township of Grand Rapids, and Richard Pickett for the unauthorized grading of a street. Defendant Nay-smith was highway commissioner, defendant Pickett the contractor. From a judgment for plaintiff, defendants bring error.
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Error to Kent; McMahon, J., presiding. Trespass by Olive B. Fisher against James Naysmith, the township of Grand Rapids, and Richard Pickett for the unauthorized grading of a street. Defendant Nay-smith was highway commissioner, defendant Pickett the contractor. From a judgment for plaintiff, defendants bring error. The improvement having been made in good faith, and the value of plaintiff’s premises having been greatly enhanced thereby, she is entitled to nominal damages only. Stilson v. Gibbs, 53 Mich. 284; Porter v. Railroad Co., 33 Mo. 128; Luther v. Winnisimmet Co., 9 Cush. 171; Murphy…
1Opinion of the CourtMcGrath, C. J.
In 1887, the center line of a highway called “East Street” separated the city of Grand Rapids and the township of the same name. Plaintiff resided in the township of Grand Rapids, and her premises had a frontage of 539 feet on East street. Under an act of the *73legislature passed in 1875, the city and township authorities let a contract for the grading of East'st-reet, in the course of which a cut was made in the street opposite plaintiffs premises, and a number of shade trees removed. Plaintiff brought trespass. The case was tried without a jury, and comes here upon exceptions to findings. The…
2Cases cited9 opinions
- Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1882
- Clark v. DassoMichigan Supreme Court · 1876
- Isle Royale Mining Co. v. HertinMichigan Supreme Court · 1877
- Cubit v. O'DettMichigan Supreme Court · 1883
- Davis v. East Tenn., Va. & Ga. Railway Co.Supreme Court of Georgia · 1891
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3Cited by1 opinion
- Collins v. Township of Grand RapidsMichigan Supreme Court · 1896