Doniphan Lumber Co. v. Case
Supreme Court of Arkansas
Appeal from Cleburne Circuit Court; Brice B. Hudgins, Judge; Action instituted by Ella A. Case against Doniphan Lumber Company, to recover damages for cutting and removing growing timber from plaintiff’s land. The complaint alleges willful trespass by defendant, and claims treble damages under the statute. Defendant in its answer denied that the trespass had been wilfully committed, and denied plaintiff’s alleged title -to or possession of the lands in question.
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Appeal from Cleburne Circuit Court; Brice B. Hudgins, Judge; Action instituted by Ella A. Case against Doniphan Lumber Company, to recover damages for cutting and removing growing timber from plaintiff’s land. The complaint alleges willful trespass by defendant, and claims treble damages under the statute. Defendant in its answer denied that the trespass had been wilfully committed, and denied plaintiff’s alleged title -to or possession of the lands in question. The plaintiff recovered judgment for $162.86, and defendant appealed. ' 1. The verdict is clearly excessive under the proof as to…
1Opinion of the CourtMcCueeoch, J.
The court refused to give instruction requested by appellant, and submitted the case to the jury upon the following instruction:
“The court instructs the jury to find for the plaintiff and to assess her damages at three times the value of the timber in the tree cut by the defendant herein, unless you further find that at the time the timber was cut the defendants or their agents had probable cause to believe and did believe at the time that the timber belonged to the defendant, in which event you will assess the damage at the value of the timber cut by the defendants.”
Appellee introduced in…
2Cases cited1 opinion
- Dowdle v. WheelerSupreme Court of Arkansas · 1905
3Cited by3 opinions
- Kieffer v. WilliamsSupreme Court of Arkansas · 1966
- Dierks Lumber & Coal Co. v. VaughnDistrict Court, E.D. Arkansas · 1954
- Newhouse Mill & Lumber Co. v. AverySupreme Court of Arkansas · 1911