Legal Opinion

Tilden v. Johnson

Supreme Court of Vermont

Decided February 15, 1880PublishedCited by 7 opinions

Ttespass and trover for a quantity of poplar logs, appealed from the judgment of a justice of the peace, June 29, 1878, and duly entered in County Court at the December Term then next ensuing. The case was referred and the referee reported, so far as material, in effect as follows : In March, 1877, George W. Woodworth sold and conveyed certain land in Norwich to the plaintiff, reserving certain timber then standing thereon.

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Ttespass and trover for a quantity of poplar logs, appealed from the judgment of a justice of the peace, June 29, 1878, and duly entered in County Court at the December Term then next ensuing. The case was referred and the referee reported, so far as material, in effect as follows : In March, 1877, George W. Woodworth sold and conveyed certain land in Norwich to the plaintiff, reserving certain timber then standing thereon. In the winter of 1878 he employed the defendant to cut and remove a portion of the timber so reserved. The defendant in cutting it cut certain timber that the plaintiff…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

Upon the facts found by the referee the rule of damages was the value of the logs at the time of their conversion. The action was brought to recover the value of the logs; it does *630not appear that the taking was wilful or malicious ; and the suit was not brought to recover for the lumber manufactured from the logs. Vickery v. Taft, 1 D. Chip. 241; Buckmaster v. Mower, 21 Vt. 204 ; Gates v. Lockwood, 27 Vt. 286 ; Thrall v. Lathrop, 30 Vt. 307.

There was no error in apportioning costs under the act of 1878. That act excepted from its operation…

2Cases cited4 opinions

  1. Thrall v. LathropSupreme Court of Vermont · 1858
  2. Buckmaster v. MowerSupreme Court of Vermont · 1849
  3. Gates v. LockwoodSupreme Court of Vermont · 1855
  4. Vickery v. TaftSupreme Court of Vermont · 1814

3Cited by7 opinions

  1. Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
  2. George W. Wright & Co. v. SkinnerSupreme Court of Florida · 1894
  3. Gaskins v. DavisSupreme Court of North Carolina · 1894
  4. Chappell v. Puget Sound Reduction Co.Washington Supreme Court · 1901
  5. Ayres v. HubbardMichigan Supreme Court · 1885

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