Lee v. Payne
Michigan Supreme Court
Case reserved from St. Joseph Circuit. This action was brought by Lee against Payne, to recover the value of a grist mill and distillery, situated on section sixteen, in the town of Pawn River, in St. Joseph county, and claimed to have been burned through the carelessness and negligence of the defendant.
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Case reserved from St. Joseph Circuit. This action was brought by Lee against Payne, to recover the value of a grist mill and distillery, situated on section sixteen, in the town of Pawn River, in St. Joseph county, and claimed to have been burned through the carelessness and negligence of the defendant. The cause was tried at the December Term, 1854, by a jury, who found a verdict for the plaintiff of $5,200. Upon the trial, the plaintiff produced a lease of the premises from himself to Clark Defendant admitted the signature to the lease and assignments, which lease was in the words…
1Opinion of the Court
By the Court,
Pratt, P. J.
The action of waste, under the old English practice, was a remedy given for injury to lands, houses, woods, etc., by a *116tenant thereof for life or years, to the injury or prejudice of the heir, or of him in the reversion, or remainder. It was either voluntary ov pemmsvoe ; the one by actual design, the other arising from mere negligence and want of sufficient care. The action was partly founded upon the Common Law, and partly- founded upon the Statute of Gloucester, and was a mixed action; real, so far as it recovered the realty injured j and personal, so far as it…
2Cited by18 opinions
- Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
- Sexton v. Chicago Storage Co.Illinois Supreme Court · 1889
- Blanchard v. TylerMichigan Supreme Court · 1864
- Frith v. WrightCourt of Appeals of Texas · 1915
- Jenkinson v. WinansMichigan Supreme Court · 1896
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