Thompson v. Sanborn

Graves, O. J.

This action arose before a justice of the peace and was carried by appeal to the circuit court. The plaintiff recovered $29.21 and defendant brought error.

The claim set up was for the use and occupation of a small piece of plaintiff’s land for a passage-way by rail to defendant’s elevator in Port Huron. Prior to October 22, 1881, the elevator was owned by Charles A. Ward, and he occupied this passage-way under agreement with the plaintiff at -$4 per week. At that date the defendant bought the elevator, and Ward informed him what he was paying to the plaintiff for the privilege on…