Chipman v. Hibberd
California Supreme Court
Appeal from the District Court of the Fourth Judicial District. Action for damages for cutting down growing trees. The opinion of the Court discloses the error upon which the judgment of the Court below is reversed.
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
The Court erred in laying down the measure of damages. The true rule was not the actual value of the trees for firewood, but the damage done to the land by reason of destroying them. This damage should have been estimated by all the circumstances, and the purposes for which the trees were used or designed, and not according to the “ spe*163culative or fancied ideas” that the jury or plaintiff might have drawn of their worth.
Judgment reversed, and new trial ordered.
2Cited by14 opinions
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
- Stoudenmire v. DeBardelabenSupreme Court of Alabama · 1887
- Lowery v. RowlandSupreme Court of Alabama · 1893
- Rilovich v. RaymondCalifornia Court of Appeal · 1937
- Hoyt v. Southern New England Telephone Co.Supreme Court of Connecticut · 1891
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