Donaldson v. Wilson
Michigan Supreme Court
Error to Muskegon. Russell, J. Case. Plaintiff brings error. The facts are-stated in the opinion. The maxim, sic utere tuo ut alienum non laedas, applies. The plaintiff was not the lessee of the defective walls — had no control over them, or any knowledge of the defect.
Read the full summary
Error to Muskegon. Russell, J. Case. Plaintiff brings error. The facts are-stated in the opinion. The maxim, sic utere tuo ut alienum non laedas, applies. The plaintiff was not the lessee of the defective walls — had no control over them, or any knowledge of the defect. Her property was lawfully in the upper rooms; the injury to it was by the direct, violent action upon it of the property of the defendant (Odell), caused by his own gross negligence* with no contributory negligence on the part of the plaintiff. And having introduced testimony tending to show the amount of damage she had…
1Opinion of the CourtCiiamplin, J.
Plaintiff brought an action on the case to recover the value of certain personal property, destroyed in consequence of the falling of a building owned by7 Samuel W. Odell, the defendant’s testator. Judgment was rendered for Odell, who subsequently died, and the suit was revived in the name of the defendant, as his executor.
From the evidence produced on the trial by the plaintiff it “appears, that for some time prior to the twentieth day of March, 1882, Brown & Friend were the owners of lot fifteen (15), of subdivision of block seven (7), of the city of Muskegon, on which was a two-story brick…
2Cases cited9 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Beck v. . CarterNew York Court of Appeals · 1877
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Samuelson v. Cleveland Iron Mining Co.Michigan Supreme Court · 1882
- Davis v. Central Congregational Society of Jamaica PlainMassachusetts Supreme Judicial Court · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Vogt v. WurmbSupreme Court of Missouri · 1927
- Cash v. Sonken-Calamba Co.Supreme Court of Missouri · 1929
- Hupfer v. National Distilling Co.Wisconsin Supreme Court · 1902
- Burnison v. SoundersMissouri Court of Appeals · 1931
- Hoar v. MerrittMichigan Supreme Court · 1886
6 more not listed; retrieve them via the Exa API.