Legal Opinion

Wood v. Michigan Air Line Railroad

Michigan Supreme Court

Decided June 6, 1890PublishedCited by 9 opinions

Error to Jackson. (Peek, J.) Case. Defendant brings error. The facts are stated in the opinion. contended for the doctrine stated in the opinion. 1. The damages which plaintiff seeks to recover under his declaration are mainly consequential.

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Error to Jackson. (Peek, J.) Case. Defendant brings error. The facts are stated in the opinion. contended for the doctrine stated in the opinion. 1. The damages which plaintiff seeks to recover under his declaration are mainly consequential. He does not sue for the mere value of the particular strip of land wrongfully entered upon and taken, but for the consequential injuries inflicted upon his farm as a whole by taking such strip, and for depreciation in value, not merely of the part taken, but of the whole farm, in consequence of such taking; which latter damages have not been caused by any…

1Opinion of the CourtChamplin, C. J.

The plaintiff brought an action on April 9, 1887, against defendant, in a plea of trespass on the case. The declaration reads as follows:

“Charles Wood, plaintiff in this suit, by Gibson & Parkinson, his attorneys, complains of the Michigan Air Line Railroad Company, a corporation under the laws of the State of Michigan, defendant in this suit, commenced by filing and service of declaration and notice of rule to plead, of a plea of trespass on the case:
“For that heretofore, to wit, before and at the time of the committing of the several grievances by the said defendant, as hereinafter…

2Cases cited1 opinion

  1. Chandler v. AllisonMichigan Supreme Court · 1862

3Cited by9 opinions

  1. Wyant v. CrouseMichigan Supreme Court · 1901
  2. Ludwigsen v. LarsenMichigan Supreme Court · 1924
  3. Haines v. BeachMichigan Supreme Court · 1892
  4. Harvey v. Booth Fisheries Co. of DelawareDistrict Court, W.D. Washington · 1915
  5. State of Indiana v. Stultz, ReceiverIndiana Supreme Court · 1935

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