Laser v. Jones
Supreme Court of Arkansas
Appeal from Garlaud Circuit Court; Galvin T. Gotham, Judge; STATEMENT BY THE COURT. Appellee was the owner of certain, lots in the city of Hot Springs, and sued to recover treble damages on 'account of ¡certain shade trees growing thereon which were pulled up, and thereby destroyed, under the direction of appellant.
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Appeal from Garlaud Circuit Court; Galvin T. Gotham, Judge; STATEMENT BY THE COURT. Appellee was the owner of certain, lots in the city of Hot Springs, and sued to recover treble damages on 'account of ¡certain shade trees growing thereon which were pulled up, and thereby destroyed, under the direction of appellant. While there is a sharp conflict in the- evidence as to rail the questions of fact involved, the .evidence is legally sufficient to support the finding by the jury that appellant violated the provision of section 7976 of Kirby’s Digest, by ¡causing the shade trees to be pulled up,…
1Opinion of the Court
Smith, J.,
(after stating the facts). This action was instituted under section 7976 of Kirby’s Digest, and so much of that section as is relevant here, reads as follows : “If any person shall cut down, injure, destroy, or carry away, any tree placed or growing for use or shade, or any timber, rails or wood, standing, being or growing on the land of another person, * * * in which he has no interest or right, standing or being on any land not his own, or shall wilfully break the glass, or iany part of it, in any building not ibis own, every person so trespassing shall pay the party injured…
2Cases cited4 opinions
- In re Westlake AvenueWashington Supreme Court · 1905
- Seaboard Air Line Railway v. ChamblinSupreme Court of Virginia · 1908
- Seattle & Montana Railway Co. v. MurphineWashington Supreme Court · 1892
- Fogel v. ButlerSupreme Court of Arkansas · 1910
3Cited by14 opinions
- Weitz v. GreenIdaho Supreme Court · 2010
- Samson Construction Co. v. BrusowankinCourt of Appeals of Maryland · 1969
- Stoner v. HoustonSupreme Court of Arkansas · 1979
- Revels v. KnightonSupreme Court of Arkansas · 1991
- American Bauxite Co. v. Board of EqualizationSupreme Court of Arkansas · 1915
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