Isle Royale Mining Co. v. Hertin

37 Mich. 332, 26 Am.Rep. 520 (1877)

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Nature of the Case

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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 cordwood, 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.