Miller v. Wykoff

Plaintiffs commenced an action for treble damages under the provisions of Rev Stat 1846, ch 111, as amended by PA 1915, No 111 (CL 1948, § 692.451 [Stat Ann §27.2161]), claiming defendant wilfully and wantonly trespassed upon their land and destroyed and removed timber therefrom. The jury found the trespass to be wilful and assessed damages at $1,500. The court tripled the verdict of $1,500, and entered judgment of $4,500. A motion for new trial was denied, and defendant appeals.

Defendant admitted the trespass, but submits that the clear weight of the evidence supported his contention that…