Smith v. Webster
Michigan Supreme Court
Error to Jackson Circuit. This was an action of trespass brought by William BL H. Smith and Eugene Smith, against Edward Webster and Benjamin E. Courter, in the circuit court for Jackson county, for entering upon plaintiffs’ lands in Saginaw county, and cutting, and carrying away hemlock and pine-trees. The judgment below was for defendants, and plaintiffs-bring the case, to this court by writ of error.
1Opinion of the Court
Campbell, Ch. J.
Plaintiffs sued defendants in trespass, for tbe destruction of trees upon tbeir lands. Tbe alleged trespass was not committed by the defendants in person, but by others in tbeir employ, who were engaged in cutting trees and gathering bark for defendants on tbeir own lands, and went to plaintiffs’ lands, as they claim, by mistake.
Tbe circuit court held that there was no liability in this action, unless tbe trespass was committed by the actual direction of defendants, or was ratified by tbeir assent, or appropriation of tbe property, with knowledge of the trespass. And tbe court…
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