Nixon v. Stillwell
New York Supreme Court
Appeal from Onondaga county court. Trespass by Mary Hixon against P. S. Stillwell for wrongfully entering upon the land of plaintiff in her possession, and without leave cutting down and carrying off trees. Treble damages were claimed under sections 1667 and 1668 of the Code.
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Appeal from Onondaga county court. Trespass by Mary Hixon against P. S. Stillwell for wrongfully entering upon the land of plaintiff in her possession, and without leave cutting down and carrying off trees. Treble damages were claimed under sections 1667 and 1668 of the Code. The jury rendered a verdict for plaintiff for $200 damages, and answered in the negative the question whether defendant, when he commited the injury, had probable cause to believe that the land was his own. Thereupon treble damages were awarded to plaintiff.
1Opinion of the CourtMebwin, J.
Upon the exceptions in this case, the main question relates to the matter of damages. The plaintiff and defendant owned adjoining farms. Hear the line fence on the north and south line, and on plaintiff’s side of the fence, there were eight basswood trees, three in oneclump and five in another, that were cut by the direction of the defendant' without the leave of plaintiff. It was shown on the part of the plaintiff that the utility of the trees consisted in the furnishing a shade and wind-break for cattle. The question was then asked, “What were those three trees which were first cut down…
2Cases cited3 opinions
- Whitbeck v. New York Central Rail RoadNew York Supreme Court · 1862
- Chipman v. HibberdCalifornia Supreme Court · 1856
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