Parker v. Fenter

This is an action by appellee Fenter against Parker for cutting and converting timber from Fenter’s land. Plaintiff claimed double damages under Ark. Stats., (1947), section 54-203, on the theory that defendant had done the cutting “knowingly.” The jury returned a verdict for the plaintiff for $300. Defendant appeals.

Plaintiff’s evidence indicated that defendant cut the timber in question without having first procured the survey by the county surveyor prescribed by Ark. Stats., (1947), section 54-201. Plaintiff’s instruction No. 1 given by the trial judge over defendant’s objection told the…