Abbott v. Sumter Lumber Co.
Supreme Court of South Carolina
Before Copes, J., Sumter, Action by S. R. Abbott against Sumter Lumber Co. Defendant appeals. cite: Measure of damage for cutting timber: 61 S. C. 313; 69 S. C. 367. Por cutting by mistake punitive damages should not be awarded: 13 Cyc. 109, 111. Independent contractor: 16 Ency. 187, 192, 191; 65 L. R. A. 445; 30 At. 346; 73 S. C. 212. cites: Value of trees: 61 S. C. 313. Independent contractor: 16 Ency. 204; 26 Cyc. 1562, 1565.
1Opinion of the Court
The first opinion was delivered by
Mr. Chief Justice Gary.
This is an action for damages.
The allegations of the complaint material to the cjuestions involved, are as follows: “That before the death of Dr. H. T. Abbott, the husband of the plaintiff, who was then the owner of said land, the defendant went upon a portion of said tract of land, without any right whatsoever, to do so, and did cut and remove a portion of the pine timber *132therefrom. That the said Dr. H. T. Abbott stopped the defendant from cutting the timber on his said land, and the defendant was notified not to enter upon said land,…
2Cases cited7 opinions
- Luther v. WheelerSupreme Court of South Carolina · 1905
- Rucker v. SmokeSupreme Court of South Carolina · 1892
- Hollis v. SalesSupreme Court of Georgia · 1897
- Kean v. LandrumSupreme Court of South Carolina · 1905
- Byne v. HatcherSupreme Court of Georgia · 1885
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