Brown v. Wells

This was an action of trespass in which the plaintiff sought to recover damages for past acts of trespass, and to enjoin the defendant from committing further acts of trespass in cutting and removing timber from lands .to which the plaintiff claimed title. The jury returned a verdict in favor of the plaintiff, for permanent injunction and for damages. The defendant moved for a new trial, which was refused, and to this judgment he excepted.

1. The court charged the jury as follows: “Whether or not the cultivation of a turpentine farm upon a tract of land is such an occupancy and so public,…