Eaton v. Winnie
Michigan Supreme Court
Error to Jackson Circuit. Action on the' case. Eaton, the defendant below, being in the occupancy of premises belonging to Winnie, under circumstances which show his occupancy to be that of a licensee, merely, used the premises to pasture upon them a flock of sheep affected with an infectious disease; which, by means of this use of the premises, was communicated to the sheep of Winnie, who moved in immediately after the sheep of Eaton had been taken away.
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Error to Jackson Circuit. Action on the' case. Eaton, the defendant below, being in the occupancy of premises belonging to Winnie, under circumstances which show his occupancy to be that of a licensee, merely, used the premises to pasture upon them a flock of sheep affected with an infectious disease; which, by means of this use of the premises, was communicated to the sheep of Winnie, who moved in immediately after the sheep of Eaton had been taken away. For the damages, suffered by Winnie, resulting from the infection thus communicated to his sheep, he brings this action against Eaton.…
1Opinion of the CourtCooley, J.
Winnie brought a special action on the case, against Eaton, to recover damages consequent upon the manner in which Eaton had used premises which Winnie had bought of him. The third count of the declaration, which alone it’ is necessary for us to consider here, is as follows :
“ And whereas, heretofore, to wit: on the 31st day of November, 1864, the said plaintiff was the owner in fee of the aforesaid described lands and premises, then lately purchased of said defendant, which said lands and premises were then and there, to wit: on the day and year last aforesaid, suitable and proper lands for…
2Cases cited1 opinion
- Gordon v. Grand Street & Newtown Rail RoadNew York Supreme Court · 1863
3Cited by25 opinions
- White Sewing MacHine Co. v. BullockSupreme Court of North Carolina · 1912
- Dow v. SwainCalifornia Supreme Court · 1899
- Hedin v. Minneapolis Medical & Surgical InstituteSupreme Court of Minnesota · 1895
- Eichelberger v. Mills Land & Water Co.California Court of Appeal · 1908
- Hoock v. BowmanNebraska Supreme Court · 1894
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