ISLE ROYALE MINING CO. V. HERTIN
37 Mich. 332, 26 Am.Rep. 520 (1877)
NATURE OF THE CASE: This was an action to recover the value of labor. Appealed. Royal (D)
appealed from the order that entered judgment, on the basis of the jury's verdict, in favor
of Hertin (P), adjoining landowners, in P's trover and assumpsit action against D.
FACTS: The parties owned adjoining tracts of land. Hertin (P) and others entered the
mining company's (D) land, believing it was P's land, and cut cord wood, which they then
left piled on the bank of a nearby lake. D took possession of the wood and sold it. The
facts were not clear whether D was aware that P had cut the wood. P sued in the lower court
to recover the value of the labor involved in cutting and piling the wood. The lower court
instructed the jury that, if P had innocently cut the wood, then D was liable for the labor
costs. The jury found in P's favor, and d appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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