J.A. Bentley Lumber Co. v. Anderson-Post H. Lbr. Co.

This is a suit for damages in the sum of $400.48 for tortious entry and trespass by the defendant on plaintiff's land, without the latter's knowledge and consent, and the cutting and removing therefrom 5179 feet of select virgin pine timber. The trespass is alleged to have taken place on February 8, 1940 and to have come to plaintiff's knowledge the following day. Plaintiff claims the value of the timber taken, manufactured into lumber, without deducting the cost of manufacturing, as it is alleged that the trespass was done in moral and legal bad faith.

The defendant admits cutting and…