Snelling v. Garfield
Massachusetts Supreme Judicial Court
Tort in the nature of trespass for breaking and entering the plaintiff’s close, and cutting down and carrying off a large number of trees thereon growing. The second and third counts of the plaintiff’s declaration were as follows : Second Count.
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Tort in the nature of trespass for breaking and entering the plaintiff’s close, and cutting down and carrying off a large number of trees thereon growing. The second and third counts of the plaintiff’s declaration were as follows : Second Count. “ And the plaintiff further says the defendant forcibly entered the plaintiff’s close aforesaid, on or about the first day of April, in the year of our Lord one thousand eight hundred and seventy-one, and without license, wilfully cut down and took and carried away one elm tree and one oak tree, and divers other trees of the property of the plaintiff,…
1Opinion of the CourtGray, C. J.
The Gen. Sts. c. 138, § 10, provide that if any person without license wilfully cuts down or carries away any trees on the land of another, “ the owner may recover, in an action of tort, three times the amount of the damages that shall be assessed therefor, unless it appears that the defendant had good reason to believe that the land on which the trespass was committed was his own, or that he was otherwise lawfully authorized to do the acts complained of, in which case he shall be liable only for single damages.”
The declaration in this case is in tort, and the second and third counts gave the…
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