Weisswasser v. Chernick

Plaintiffs obtained a jury verdict on their complaint against an adjoining property owner for removal of earth and destruction of trees. The Court of Appeals, relying on Padman v Rhodes, 126 Mich 434; 85 NW 1130 (1901), found that the plaintiffs had not discharged their burden of proving the defendants’ acts were without the permission of the owner of the lands and reversed. 68 Mich App 342; 242 NW2d 576 (1976). We disagree.

The Weisswassers, plaintiffs, owned 175 acres of farm land as tenants in common. In early October of 1972, Emanuel Weisswasser went to his farm land and found a bulldozer…