Lane v. Ruhl

61 N.W. 347, 103 Mich. 38, 1894 Mich. LEXIS 1105
CourtMichigan Supreme Court
DecidedDecember 18, 1894
StatusPublished
Cited by13 cases

This text of 61 N.W. 347 (Lane v. Ruhl) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lane v. Ruhl, 61 N.W. 347, 103 Mich. 38, 1894 Mich. LEXIS 1105 (Mich. 1894).

Opinion

McGrath, C. J.

Plaintiffs, having brought proceedings against defendant to recover possession of certain premises, resulting in a judgment of ouster, affirmed by this Court (94 Mich. 474), now bring trespass on the case, under [39]*39How. Stat. § 8306, for damages. The jury brought in a general verdict of guilty, assessing plaintiffs’ damages at $1,669.62, and in answer to a question submitted found that defendant held possession because he in good faith believed that he had a lawful right so to do. Plaintiffs thereupon moved the court for a judgment for treble the* amount of the damages awarded. The court denied the-motion. This raises the principal question in the case.

Plaintiffs insist that they are entitled, under the statute,, as a matter of right, to treble damages, notwithstanding; the special finding as to defendant’s good faith. We have; a number of statutes conferring the right to double or treble damages. By the terms of certain of them, the act done must be willful; others, after giving the right in general terms, provide that if it appear that the act was casual cr involuntary, single damages only are recoverable; while others provide in general terms' for the recovery, and do not in express terms make such recovery dependent upon the willfulness of the act, or except instances of casual or involuntary conduct, The statute in question here belongs to the latter class, and is as follows:

The complainant obtaining restitution of any premises under the provisions of this chapter shall be entitled to an action of trespass or trespass on the case against the defendant, and may recover treble damages from the time of the forcible entry or forcible detainer, or of the notice to quit or demand of possession, as the case may be, and all other damages to which he may be entitled.”

A number of cases involving the construction of other statutory provisions relative to increased damages have been before this Court. Wallace v. Finch, 24 Mich. 255; Russell v. Myers, 32 Id. 522; Michigan Land & Iron Co. v. Deer Lake Co., 60 Id. 143; Elliott v. Herz, 29 Id. 202; Shepard v. Gates, 50 Id. 495; Kilgannon v. Jenkinson, 57 Id. 325. The first three cases arose under How. Stat. § 7957, relating to cutting or carrying away or injury to its [40]*40timber. Section 7958 provides that if it shall appear upon the trial that the trespass was casual and involuntary, or that the trespasser had probable cause to believe that the land was his own, single damages only shall be awarded. Wallace v. Finch was a case where defendant was in correspondence with the owner of the land with reference to its purchase, and, supposing that his letter accepting a proposition of sale had been received, entered upon the land and cut the timber. The Court held that, taking the sections referred to together, the intention of the Legislature was clear that the penal application should only be made in cases marked by wantonness,. willfulness, or evil design; in other words, that the act done, if not within the letter of the exceptions, was within the spirit thereof. Similar statutory provisions to that last named have received like construction in other states. Batchelder v. Kelly, 10 N. H. 436; Cohn v. Neeves, 40 Wis. 393; Barnes v. Jones, 51 Cal. 303; Russell v. Irby, 13 Ala. 131; Lindell v. Railroad Co., 25 Mo. 550; Whitecraft v. Vanderver, 12 Ill. 235. In all of these cases the construction .given will be found to be predicated upon a consideration •of associated provisions of the statute. In Batchelder v. Kelly, which is the earliest case, and which is cited in nearly all of the other eases, the court held that the general tenor of the statute precluded the idea that it was designed to apply the provision in question to unintentional trespasses. In Gohn v. Neeves other provisions of the same chapter of the statute are referred to, which the court held gave character to the conversion mentioned in the section under consideration. In Barnes v. Jones the title to the act was “Actions for nuisance, waste, and willful trespass, in certain cases, on real property.” In Lindell v. Railroad, Co. the statute was evidently like our ■own, for the court say that under the circumstances it ■could not be said that the defendant had any reason to [41]*41suppose that literally the land or timber belonged to it, but the spirit of the statute is to punish willful -trespasses. Whitecraft v. Vanderver is based upon the Batchelder case.

Our own case of Elliott v. Herz arose under How. Stat. § 2119, which provides that the owner of any dog which shall have killed any sheep shall be liable in double damages, and it was held that the statute did not apply to a case of damage done by a rabid dog. Shepard v. Gates was brought under How. Stat. § 1406, which provides that whoever shall injure any bridge or any public road shall be liable in treble damages to the township. The Court held that, if defendant made the cut in the road under the proper statutory authority, the cut was no trespass, and, if the bridge over the cut was remodeled to the satisfaction of the highway commissioner, such an act could not be regarded as a trespass. Both of these cases come within the well-established rule applied to such statutes, that whatever is within the mischief intended to be remedied is considered as within the statute, though not within the letter thereof, and whatever is not within the mischief is not considered within the statute though within the letter.

Kilgannon v. Jenkinson was brought under section 7959, which provides that if any person shall be ejected or put out of any lands in a forcible and unlawful manner, or, being put out, be afterwards kept out by force, he shall be entitled to recover treble damages. A dispute arose as to the boundary line. Plaintiff erected a fence, and defendant tore it down. The case was reversed on other grounds, and no point was made or discussed in the briefs as to plaintiff’s right to treble damages. What the Court evidently meant by the suggestion was that the act complained of was a mere naked trespass, and not such a forcible ouster as to bring the case within the statute, under the rule adopted in Shaw v. Hoffman, 25 Mich. 162.

[42]*42It must be concéded that in all of these cases language is used which, considered in the abstract, tends to support the defendant’s contention; but the question here turns upon the meaning of this particular statute. There is no question as to the power of the Legislature in the premises. There is no invasion of any provision of the Constitution. The interpretation of statutes of this class is governed by the same rules applied to statutes generally. What may or may not have been assumed or presumed in other cases, after proper consideration of associated provisions which throw light upon the particular provisions there questioned, ought to have little weight in a case-like the present, where the language is plain, and is-unaffected by the other provisions of the same act. The-chapter in which the section in question occurs relates to-proceedings to recover the possession of land. It first treats of forcible entries and detainers, and next of the-recovery of possession where the relation of landlord and tenant exists or has existed, and then occurs the provision in question. The language of the section is clear, explicit, and unequivocal. It is neither doubtful nor ambiguous. It is susceptible of but one meaning.

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Cite This Page — Counsel Stack

Bluebook (online)
61 N.W. 347, 103 Mich. 38, 1894 Mich. LEXIS 1105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lane-v-ruhl-mich-1894.