Tait v. Thomas
Supreme Court of Minnesota
Complaint for wilful trespass, in entering plaintiffs’ close and cutting and carrying away timber therefrom, to their damage in the sum of 1250.00, for which amount judgment is demanded. Defence, a general denial.
Read the full summary
Complaint for wilful trespass, in entering plaintiffs’ close and cutting and carrying away timber therefrom, to their damage in the sum of 1250.00, for which amount judgment is demanded. Defence, a general denial. Trial in the district court for Kandiyohi and Swift counties, before Vanderburgh, J., and verdict as follows: “We, the jury, find the plaintiff entitled to five dollars for timber and twenty-five dollars for damages. ’ ’ Motion by plaintiffs for judgment for treble damages, which was denied, and judgment entered for single damages and costs, from which the plaintiffs appealed.
1Opinion of the CourtGileillan, C. J.
There are two ways in which the amoxmt to be recovered, under the statute allowing treble damages for certain trespasses, (Gen. St. ch. 75, § 28,) may be ascertained: first, the coxxrt may instruct the jury to assess the actual damage, and render their verdict for treble *538that amount; second, it may instruct the jury to return the-single damage, and the fact whether the trespass was wilful or involuntary; and the court may then treble the damage-so found. The facts upon which the question of treble damages depends must be passed upon by the jury, and not by the court. In this case it does not…
2Cases cited1 opinion
- Livingston v. PlatnerNew York Supreme Court · 1823
3Cited by5 opinions
- Lawrenz v. Langford Electric Co.Supreme Court of Minnesota · 1939
- Helppie v. Northwestern Drainage Co.Supreme Court of Minnesota · 1914
- Neilan v. BraunCourt of Appeals of Minnesota · 1984
- Huovila v. FrederickSupreme Court of Minnesota · 1925
- Wacker v. MertzNorth Dakota Supreme Court · 1919