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PEASLEE v. SAGINAW CTY. DRAIN COMR.

Docket No. 56, Calendar No. 48,751.

365 Mich. 338 (1961)

112 N.W.2d 562

PEASLEE v. SAGINAW COUNTY DRAIN COMMISSIONER.

Supreme Court of Michigan.

Decided December 28, 1961.

Attorney(s) appearing for the Case

Irving M. Hart (Doozan, Scorsone & Trogan and Vincent A. Scorsone, of counsel), for plaintiffs.

Robert L. Richardson, Jr., Prosecuting Attorney (Gilbert & Gilbert and Donald W. Gilbert, of counsel), for defendant.

EDWARDS, J.

This is an action for trespass to property owned by plaintiffs against Herbert J. Dietrich, successor drain commissioner of Saginaw county, for damages done to plaintiffs' property in the building of the Weiss street drain. Plaintiffs' declaration alleged 2 counts, 1 for common-law trespass, and 1 for statutory trespass under CL 1948, § 692.451 (Stat Ann § 27.2161). A Saginaw county jury before Judge Borchard found for plaintiffs in the sum of...

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