Huovila v. Frederick

Lees, C.

A statute of this state, section 9396, Gf. S. 1923, provides:

“Whoever shall carry away * * * lumber * * * of another person, without lawful authority, shall be liable to the owner thereof for treble the amount of damages assessed therefor in an action to recover such damages. But if he shall show, upon the trial, that he had probable cause to believe that such property was his own, * * * judgment shall be given for the actual damages only, and for costs.”

One of defendant’s employes took a quantity of plaintiff’s lumber from the place where it had been sawed and carried it to…