Pelton v. O'Keefe
Michigan Supreme Court
Error to St. Clair; Law, J. Trespass quare clausum fregit,by Lorinda Pelton against Diehard D. O’Keefe and others. There was judgment for defendants, and plaintiff brings error.
1DissentBlair, J.
I am unable to concur in the opinion of Mr. Justice Hooker in this case. I think that, upon the undisputed evidence, the plaintiff was entitled to verdict, and that the court should have directed the jury that the only question for their determination was the amount of damages to be awarded. The trial judge correctly instructed the jury that:
‘ ‘ The actual title of neither the plaintiff nor the city of Port Huron is in issue. * * * The gist of the action against the defendants here, as alleged in the plaintiff’s declaration, under the statute I have read to you, is that they gained possession…
2Cases cited5 opinions
- Sauers v. GiddingsMichigan Supreme Court · 1892
- Beecher v. GalvinMichigan Supreme Court · 1888
- Clark v. WilesMichigan Supreme Court · 1884
- Davies v. City of East SaginawMichigan Supreme Court · 1887
- Mathewson v. City of Grand RapidsMichigan Supreme Court · 1891