Central Coal & Coke Co. v. John Henry Shoe Co.
Supreme Court of Arkansas
Appeal from Little River Circuit Court. Will P. Feazel, Judge. STATEMENT BY THE COURT. The John Iienry Shoe. Company, a corporation organized under the laws of Louisiana, and Abide McShea were the owners of certain timber lands in this state. In 1895 Gns Less and S. G-. Watkins, partners doing business under the firm name of Gus Less & Go., wilfully and without right entered upon these lands, and cut timber therefrom, aud converted it into railway ties.
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Appeal from Little River Circuit Court. Will P. Feazel, Judge. STATEMENT BY THE COURT. The John Iienry Shoe. Company, a corporation organized under the laws of Louisiana, and Abide McShea were the owners of certain timber lands in this state. In 1895 Gns Less and S. G-. Watkins, partners doing business under the firm name of Gus Less & Go., wilfully and without right entered upon these lands, and cut timber therefrom, aud converted it into railway ties. They after-wards sold the ties to the Central Coal & Coke Company, a Missouri corporation, engaged, among other things, in the business of…
1Opinion of the Court
Riddick, J.,
(after stating the facts). This is an action for damages for the unlawful conversion of railway ties. The evidence makes out a very clear case of willful trespass on the part of Less & Watkins, from whom defendant purchased the ties. Less & Watkins had notice that the land from which the ties were cut belonged to the plaintiffs, and yet, without permission or authority from them, entered upon it with a large force of men, and cut the timber and converted it into ties. Under these circumstances, it is clear that, being willful trespassers, they were liable to the plaintiffs for the…
2Cases cited5 opinions
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- White v. YawkeySupreme Court of Alabama · 1895
- Eaton v. LangleySupreme Court of Arkansas · 1898
- Glaspy v. CabotMassachusetts Supreme Judicial Court · 1883
- Powers v. TilleySupreme Judicial Court of Maine · 1894
3Cited by22 opinions
- Grays Harbor County v. Bay City Lumber Co.Washington Supreme Court · 1955
- Masonite Corp. v. WilliamsonMississippi Supreme Court · 1981
- Watkins v. Siler Logging Co.Washington Supreme Court · 1941
- Wood v. WeaverCourt of Appeals of Virginia · 1917
- Baker-Matthews Lumber Company v. Bank of LepantoSupreme Court of Arkansas · 1926
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