Wood v. LaRue
Michigan Supreme Court
Error to Jackson Circuit. LaRue brought trespass against Wood in Justices’ Court, and recovered twenty dollars, the value of a cow. Wood appealed to the Circuit Court, where the cause was tried without a jury, and the Circuit Judge found as follows: “That on or about the fifteenth day of May, 1858, the defendant was the owner and occupant of a farm in the town of Blackman, county of Jackson.
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Error to Jackson Circuit. LaRue brought trespass against Wood in Justices’ Court, and recovered twenty dollars, the value of a cow. Wood appealed to the Circuit Court, where the cause was tried without a jury, and the Circuit Judge found as follows: “That on or about the fifteenth day of May, 1858, the defendant was the owner and occupant of a farm in the town of Blackman, county of Jackson. That on the same day the ^plaintiff’s cow and a number of other cattle came from the public highway, through a pair of bars which were down, and without the leave or license of defendant, into and were…
1Opinion of the Court
Christiancy J„:
The plaintiff in error excepts to the conclusion of law drawn by the Circuit Court from the facts found by the Judge.
The finding of facts, so far as this question is involved, must be considered as in the nature of a special verdict, and, to warrant the conclusion of law, must, in this case, contain all the facts and circumstances necessary to constitute the defendant a trespasser.
Having set on the dog, we think the defendant, if liable at all, was liable in this form of action.
But, it is clear, the tplaintiff’s cow was wrongfully on the land of the defendant (below) when the…
2Cases cited3 opinions
- Williams v. Michigan Central RailroadMichigan Supreme Court · 1851
- Clark v. AdamsSupreme Court of Vermont · 1846
- Davis v. CampbellSupreme Court of Vermont · 1851
3Cited by3 opinions
- Thompson v. StateSupreme Court of Alabama · 1880
- Tobin v. DealWisconsin Supreme Court · 1884
- Burdick v. ChamberlainMichigan Supreme Court · 1878