Detroit & Bay City Railroad v. Busch
Michigan Supreme Court
Error to Saginaw. Trover. Defendant brings error. Trover will not lie against a railroad company for ties placed in the bed of the roadway before the road was delivered to the company, Woodruff v. Adams 37 Conn. 233; Hunt v. Bay State Iron Co. 97 Mass. 279; Strickland v. Parker 54 Me. 263; Cooley on Torts 55. The annexation of chattels to the realty by a wrong doer will not deprive the owner of his remedy in trover, Cochran v. Flint 57 N. H. 514; Shoemaker v. Simpson 16 Kan.…
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Error to Saginaw. Trover. Defendant brings error. Trover will not lie against a railroad company for ties placed in the bed of the roadway before the road was delivered to the company, Woodruff v. Adams 37 Conn. 233; Hunt v. Bay State Iron Co. 97 Mass. 279; Strickland v. Parker 54 Me. 263; Cooley on Torts 55. The annexation of chattels to the realty by a wrong doer will not deprive the owner of his remedy in trover, Cochran v. Flint 57 N. H. 514; Shoemaker v. Simpson 16 Kan. 43; Ford v. Cobb 20 N. Y. 346; Railroad Company v. Haulbrumer 59 111. 152; if they are so firmly annexed that they…
1Opinion of the CourtCampbell, J.
Busch sued plaintiff in error in trover for the conversion of a number of railroad ties. The case he made out on his own behalf was that parties employed as sub-contractors under Walton & Lacy, contractors to build the Caro branch of the Detroit & Bay City Bailroad, used 251 ties owned by Busch, and put them here and there among the other ties Used in forming the superstructure of the railway, spiking rails to them in the usual manner. He gave testimony tending to show that the ties could after that have been identified, and that they could be removed and others substituted without damage to…
2Cases cited1 opinion
- Morrison v. BerryMichigan Supreme Court · 1880
3Cited by4 opinions
- Walker v. Grand Rapids Flouring Mill Co.Wisconsin Supreme Court · 1887
- Wickes Bros. v. HillMichigan Supreme Court · 1897
- Allis-Chalmers Co. v. City of AtlanticSupreme Court of Iowa · 1913
- Jones v. Minnesota & Manitoba RailroadSupreme Court of Minnesota · 1906