Smith v. Morgan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The following statement of the case was prepared by Mr. Justice Cassoday: This action was commenced January 8, 1884, and is for damages for wrongfully cutting timber on lands of which the title was at the time in the state, but which was subsequently, and before the commencement of this action, acquired by the plaintiff.
Read the full summary
APPEAL from the Circuit Court for Winnebago County. The following statement of the case was prepared by Mr. Justice Cassoday: This action was commenced January 8, 1884, and is for damages for wrongfully cutting timber on lands of which the title was at the time in the state, but which was subsequently, and before the commencement of this action, acquired by the plaintiff. On the former appeal it was held, in effect, that the plaintiff was entitled to recover the highest market value of the logs so cut or the lumber made therefrom. Smith v. Morgan, 68 Wis. 358. Upon the cause being reversed…
1Opinion of the CourtCassoday, J.
The special verdict included the highest market value bf the logs and lumber before the trial and while in the possession of the defendants. It did not include any interest on such value to the time of the rendition of the verdict. The trial court, however, after the rendition of such verdict, increased the amount of damages by adding to the amount of the verdict $310.18 as interest upon such highest market value to the time of such verdict. This is the principal error assigned. Prior to the statutes *378authorizing such damages, it was held by this court, in effect, that in an action by the…
2Cases cited11 opinions
- Ingram v. RankinWisconsin Supreme Court · 1879
- Single v. SchneiderWisconsin Supreme Court · 1872
- Carpenter v. MurpheyWisconsin Supreme Court · 1883
- Single v. SchneiderWisconsin Supreme Court · 1869
- Wright v. E. E. Bolles Wooden Ware Co.Wisconsin Supreme Court · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rayonier, Incorporated v. F. Arnold PolsonCourt of Appeals for the Ninth Circuit · 1968
- Everett v. GoresWisconsin Supreme Court · 1896