Cribbs v. Stiver
Michigan Supreme Court
Error to Manistee; Withey, J. Case by Levi Cribbs against Frank Stiver for negligently setting fires. Judgment for plaintiff. Defendant brings error.
1Opinion of the CourtOsteandee, J.
Whether the fire which caused the injury was s,et on plaintiff’s land, or was set in a highway and spread to plaintiff’s land, came to be a controlling question at the trial. The court ruled that no negligence of defendant had been proven, either in setting the fire or in caring for it afterwards. The court also ruled “that the highway, so called, where these fires were set, was not a public way.”
If, then, defendant set the fire ón plaintiff’s land, he was a trespasser, and liable to pay the damages for the injury resulting, and to this effect the jury was instructed. Plaintiff alleged in his…
2Cases cited3 opinions
- Wyant v. CrouseMichigan Supreme Court · 1901
- Barry v. PetersonMichigan Supreme Court · 1882
- Hart v. BlakeMichigan Supreme Court · 1875
3Cited by8 opinions
- Kopka v. Bell Telephone Co. of Pa.Supreme Court of Pennsylvania · 1952
- Leonard v. Nat Harrison Associates, Inc.District Court of Appeal of Florida · 1960
- Connolley Ex Rel. Connolley v. Omaha Public Power DistrictNebraska Supreme Court · 1970
- Connolley Ex Rel. Connolley v. Omaha Public Power DistrictNebraska Supreme Court · 1970
- Kopka v. Bell Telephone Co. of Pa.Supreme Court of Pennsylvania · 1952
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