Oregon & California Railroad v. Jackson
Oregon Supreme Court
Plaintiff appeals. ■ The owner of the property is entitled to recover the manufactured value of the timber cut from the premises upon which the trespass was committed. (Wooden WareCo. v. U. S. 106 U. S. 432; Nesbitt v. St. Paul Lumber Co. 21 Minn. 491; Silsbury v. MeCoon, 3 N. Y. 379; 53 Am. Dec. 307; Letts v. Lee, 5 Johns. 349; 4 Am. Dee. 368; Curtis v. Gh'oat, 6 Johns. 169; 5 Am. Dec. 204; Palter v. Wheeler, 8 Wend. 505; 24 Am.
Read the full summary
Plaintiff appeals. ■ The owner of the property is entitled to recover the manufactured value of the timber cut from the premises upon which the trespass was committed. (Wooden WareCo. v. U. S. 106 U. S. 432; Nesbitt v. St. Paul Lumber Co. 21 Minn. 491; Silsbury v. MeCoon, 3 N. Y. 379; 53 Am. Dec. 307; Letts v. Lee, 5 Johns. 349; 4 Am. Dee. 368; Curtis v. Gh'oat, 6 Johns. 169; 5 Am. Dec. 204; Palter v. Wheeler, 8 Wend. 505; 24 Am. Dec. 66, and note.) Where the act complained of is willfully or intentionally done, the owner of the property is entitled to recover its enhanced value without any…
1Opinion of the CourtLord, J.
This is an action based on section 338, Hill’s Code, in which the plaintiff alleges that the defendant wrongfully and without lawful authority entered upon the plaintiff’s lands, describing them, and there wrongfully, willfully, and knowingly, and without lawful authority, cut down and carried away the trees and timber of this plaintiff, and converted and disposed of the same to his own use, to plaintiff’s damage in the sum of, etc., and thereby the defendant, by force of the above section, became liable to pay to plaintiff treble the amount of said damages, to-wit, etc.
All that portion of…
2Cases cited5 opinions
- Winchester v. CraigMichigan Supreme Court · 1876
- Shepard v. GatesMichigan Supreme Court · 1883
- Achey v. HullMichigan Supreme Court · 1859
- Miller v. WellmanMichigan Supreme Court · 1889
- Skeels v. StarrettMichigan Supreme Court · 1885
3Cited by12 opinions
- Bailey v. HaydenWashington Supreme Court · 1911
- United States v. FirchauOregon Supreme Court · 1963
- Pedro v. JanuaryOregon Supreme Court · 1972
- Moss v. Peoples California Hydro-Electric Corp.Oregon Supreme Court · 1930
- McHargue v. CalchinaOregon Supreme Court · 1915
7 more not listed; retrieve them via the Exa API.