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Isle Royal Mining Co. v. Hertin

Michigan Supreme Court
26 Am.Rep. 520 (1877)

Written by Richard Lavigne, JD

Facts

Hertin (defendant) mistakenly harvested timber from land owned by the Isle Royal Mining Company (plaintiff). Hertin cut the timber into firewood and stacked it on the shore of a nearby lake. Isle Royal Mining Company took possession of the wood and Hertin filed suit seeking compensation for the value of the labor expended cutting and stacking the logs. The trial court instructed the jury that Hertin was entitled to recover labor costs so long as it also found that he had harvested the timber by mistake and not in bad faith. The jury returned a verdict in favor of Hertin. Isle Royal Mining Company appealed.

Rule of Law

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Issue

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Holding and Reasoning (Cooley, C.J.)

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