Weisswasser v. Chernick

On Remand

N. J. Kaufman, J.

Defendants were found to have intentionally trespassed on plaintiffs’ land and were assessed treble damages amounting to $64,800, pursuant to MCLA 600.2919; MSA 27A.2919. On appeal, this Court reversed,1 finding that plaintiffs had not sustained their burden of proof by not showing that all the tenants-in-common had not, in fact, consented to defendants’ entry, citing Padman v Rhodes, 126 Mich 434; 85 NW 1130 (1901).

That decision was reversed on May 2, 1977, by the Supreme Court in a per curiam opinion2 holding that testimony by one of the tenants that he did not…