Peaslee v. Saginaw County Drain Commissioner

This is an action for trespass to property owned by plaintiffs against Herbert J. Dietrich, successor drain commissioner of Saginaw county, for damages done to plaintiffs’ property in the building of the Weiss street drain. Plaintiffs’ declaration alleged 2 counts, 1 for common-law trespass, and 1 for statutory trespass under CL 1948, § 692.451 (Stat Ann § 27.2161). A Saginaw county jury before Judge Borchard found for plaintiffs in the sum of $16,500. Defendant appeals and plaintiffs cross appeal.

The defendant’s appeal is based on the contention that a certain release of right-of-way, filed…