Baxley v. Barnwell Lumber Co.
Supreme Court of South Carolina
Action by Fannie Baxley against the Barnwell Lumber Company. Judgment for plaintiff, and defendant appeals. Defendant’s second, fifth and sixth exceptions were as follows: (2) That the Court erred in allowing the witness, W. H. Baxley, to testify over the objection of the defendant’s attorney as to what the damage to the place amounted to; whereas, the Court should have confined the damage to the stumpage value of trees cut.
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Action by Fannie Baxley against the Barnwell Lumber Company. Judgment for plaintiff, and defendant appeals. Defendant’s second, fifth and sixth exceptions were as follows: (2) That the Court erred in allowing the witness, W. H. Baxley, to testify over the objection of the defendant’s attorney as to what the damage to the place amounted to; whereas, the Court should have confined the damage to the stumpage value of trees cut. (5) That the Court erred in charging the jury that they could “take into consideration the damage done to the entire place” by reason of such cutting. (6) That the Court…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydricic.
Plaintiff recovered judgment against defendant for malicious trespass upon her land and cutting and removing timber therefrom. Defendant admitted the trespass, but denied that it was wilful or malicious, and contended that it was done under the honest belief that the timber was on its own lands; therefore defendant denied liability for anything more than the actual damages, which it offered to pay.
There was evidence that defendant’s agents continued to cut and remove the timber from plaintiff’s land after they had been told that…
2Cited by6 opinions
- Fox v. MunnerlynCourt of Appeals of South Carolina · 1984
- Schreiberg v. Southern Coatings & Chemical Co.Supreme Court of South Carolina · 1957
- Colonial Oil Co. v. American Oil Co.District Court, E.D. South Carolina · 1942
- D. C. Jackson v. Atlantic Coast Line Railroad CompanyCourt of Appeals for the Fourth Circuit · 1963
- Brown v. Southern Railway Co.Supreme Court of South Carolina · 1926
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