Herdic v. Young
Supreme Court of Pennsylvania
This was a writ of error taken by the plaintiffs in same case as the preceding (Young v. Herdic, p. 172). The logs for which the replevin was brought were hauled by the defendants, Young & Co., from the land where they were cut to a tributary of the Susquehanna, and floated to the Susquehanna Boom, in Lycoming county.
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This was a writ of error taken by the plaintiffs in same case as the preceding (Young v. Herdic, p. 172). The logs for which the replevin was brought were hauled by the defendants, Young & Co., from the land where they were cut to a tributary of the Susquehanna, and floated to the Susquehanna Boom, in Lycoming county. On the trial, before Jordan, P. J., the plaintiffs offered to prove the value of the logs in the boom at Williamsport in the spring of 1864. The defendants objected ; the court sustained the objection, and the plaintiffs excepted. The court charged the jury, “ if they found for…
1Opinion of the Court
The opinion of the court was delivered, May 13th 1867 by
Agnew, J.
— This writ of error taken by the plaintiffs below raises a single question — as to the true measure of damages. The defendants being engaged in cutting timber on their own tract, but, mistaking their true boundary, cut saw-logs on the adjoining tract of the plaintiffs. The act seems not to have been wilful or wanton, but to have been done in a boná fide belief of title to the locus in quo. The logs were driven to the boom by the defendants, and there replevied by the plaintiffs. The plaintiffs offered proof of the value of the…
2Cases cited3 opinions
- Musser v. HydeSupreme Court of Pennsylvania · 1841
- M'Cabe v. MoreheadSupreme Court of Pennsylvania · 1841
- Moser v. LibenguthSupreme Court of Pennsylvania · 1830
3Cited by19 opinions
- International Electronics Co. v. N. S. T. Metal Products Co.Supreme Court of Pennsylvania · 1952
- Sabella, D. v. Appalachian Development Corp.Superior Court of Pennsylvania · 2014
- Murdoch v. BierySupreme Court of Pennsylvania · 1921
- Duroth Manufacturing Co. v. CauffielSupreme Court of Pennsylvania · 1914
- Vitagraph Co. v. SwaabSupreme Court of Pennsylvania · 1915
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