Olson v. McLaughlin
Superior Court of Pennsylvania
Appeal, No. 144, April T., 1916, by plaintiffs, from judgment of C. P. Clarion’Co., Aug. T., 1912, No. 217, on verdict for defendants in case of J. B. Olson and Maggie Olson v. J. M. McLaughlin, et al., doing business as J. M. McLaughlin & Company. Trespass to recover treble damages for the'unlawful cutting of timber. Before Criswell, P. J., specially presiding.
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Appeal, No. 144, April T., 1916, by plaintiffs, from judgment of C. P. Clarion’Co., Aug. T., 1912, No. 217, on verdict for defendants in case of J. B. Olson and Maggie Olson v. J. M. McLaughlin, et al., doing business as J. M. McLaughlin & Company. Trespass to recover treble damages for the'unlawful cutting of timber. Before Criswell, P. J., specially presiding. At the trial it appeared that the plaintiffs, J. B. Olson and Maggie Olson, his wife, became the owners in fee as tenants by entireties of a tract of 11 acres in Beaver Township, Clarion County, Pennsylvania, by deed dated January 23,…
1Opinion of the Court
Opinion by
Kepi-iart, J.,
This is an action of trespass for the unlawful cutting of timber trees. It is broad enough to include the common law action. The cpmmon law action of trespass is to redress the injury done by an award of compensation or the value of the timber; the specification under the statute for treble damages is to recover the penalty prescribed by the statute, and intended to'reach those who negligently or wilfully intrude upon the lands of others. Both may be joined in one form of action, though but one recovery can be had if so brought: Hughes, et al., v. Stevens, 36 Pa. 320;…
2Cases cited10 opinions
- Beihl v. MartinSupreme Court of Pennsylvania · 1912
- Fox v. Northern LibertiesSupreme Court of Pennsylvania · 1841
- McCloskey v. PowellSupreme Court of Pennsylvania · 1889
- Fairchild v. Dunbar Furnace Co., Pennsylvania Court of Common Pleas, Fayette County1889
- Hughes v. StevensSupreme Court of Pennsylvania · 1860
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Humes v. KramerSupreme Court of Pennsylvania · 1926
- Myer v. CurrySupreme Court of Pennsylvania · 1926
- Allen v. Lake Township, Pennsylvania Court of Common Pleas, Luzerne County1956
- Tasker v. Cousins, Pennsylvania Court of Common Pleas, Northumberland County1956