Chapman v. Keystone Lumber & Salt Manufacturing Co.
Michigan Supreme Court
Error to Bay Circuit. Bidwell Chapman and George P. Chapman brought an action of assumpsit in the Circuit Court for the County of Bay, against the “Keystone Lumber and Salt Manufacturing Company,” declaring specially: “ For that whereas the said defendant, to wit: on the first day of April, 1868, caused to be put a large quantity of logs, to wit, ten thousand logs into the Rifle River, the same being a navigable river in said county, for the purpose of floating the same to…
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Error to Bay Circuit. Bidwell Chapman and George P. Chapman brought an action of assumpsit in the Circuit Court for the County of Bay, against the “Keystone Lumber and Salt Manufacturing Company,” declaring specially: “ For that whereas the said defendant, to wit: on the first day of April, 1868, caused to be put a large quantity of logs, to wit, ten thousand logs into the Rifle River, the same being a navigable river in said county, for the purpose of floating the same to the place of manufacture; and whereas the said defendant did not make adequate provisions nor put on sufficient force for…
1Opinion of the CourtChristiancy, J.
The only question in this case is whether, under the act of March 20, 1863, {Sess. Laws, p. 874), a plaintiff, who, in floating his logs in a navigable stream, has, for the purpose of clearing the stream from obstructions by jams of defendant’s logs, caused such jams to be broken and the defendant’s logs to be run under the circumstances authorized by the first section of that act, can, without reference to the lien given by that section, sustain an action of assumpsit against such owner personally for the cost and expense *363of breaking such jams and running the logs; or, whether the remedy…
2Cited by3 opinions
- Woods v. AyresMichigan Supreme Court · 1878
- East Hoquiam Boom & Logging Co. v. NeesonWashington Supreme Court · 1898
- Doyle v. PeltonMichigan Supreme Court · 1903