Coxe v. England
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Elk county: No. 182, to January Term 1870. This was an action of trespass q. c. f. by Alfred Cox and Ferdinand Cox, executors, &c., of John Redman Cox, deceased, against E. B. England and Jacob Brown, for damages under the 2d sect, of the Act of March 1824 (8 Smith L. 283; Purd. 961 pl. 2) for cutting timber.
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Error to the Court of Common Pleas of Elk county: No. 182, to January Term 1870. This was an action of trespass q. c. f. by Alfred Cox and Ferdinand Cox, executors, &c., of John Redman Cox, deceased, against E. B. England and Jacob Brown, for damages under the 2d sect, of the Act of March 1824 (8 Smith L. 283; Purd. 961 pl. 2) for cutting timber. The title to the land from which the timber was cut was vested in the decedent December 22d 1840. He died about March 28th 1864, having made his will proved on that day; the plaintiffs were the executors of the will. The case was tried November 2d…
1Opinion of the Court
The opinion of the court was delivered, May 5th 1870, by
Agnew J.
This was an action of trespass for cutting standing timber. Its value was therefore to be ascertained by the price of such timber in the vicinity, and not by the net value of the logs cut from it, in a distant market. The evidence shows that the timber had a price where it stood, the value of stumpage, as it is termed, being proved by numerous witnesses. It was not a case *222of necessity, where the distant market was really the only market, as in the case of The Hazelton Company v. Buck Mountain Company, 7 P. F. Smith 301. We cannot…
2Cited by11 opinions
- Goodale v. MurraySupreme Court of Iowa · 1940
- Murdoch v. BierySupreme Court of Pennsylvania · 1921
- Cooper v. BrownCourt of Appeals for the Third Circuit · 1942
- Collins v. Home Ins. Co. of N. Y.Superior Court of Pennsylvania · 1933
- VanHorn v. Munnell, Pennsylvania Court of Common Pleas, Lawrence County1891
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