Caris v. Nimmons & Bennett
Missouri Court of Appeals
Appeal from Dunklin Circuit Court. — Son. J. L. Fort, Judge. (1) All persons wbo aid or abet others in committing a trespass, or assent to it after same is committed, or countenance or approve the same or receive the fruits or benefits of same with knowledge thereof, are original trespassers and equally liable with the actual trespassers to the injured party and for entire amount of injury. Anderson v. Kincheloe, 30 Mo. 527; Halliday v. Jackson, 21 Mo.
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Appeal from Dunklin Circuit Court. — Son. J. L. Fort, Judge. (1) All persons wbo aid or abet others in committing a trespass, or assent to it after same is committed, or countenance or approve the same or receive the fruits or benefits of same with knowledge thereof, are original trespassers and equally liable with the actual trespassers to the injured party and for entire amount of injury. Anderson v. Kincheloe, 30 Mo. 527; Halliday v. Jackson, 21 Mo. App. 667; Calif ax v. Chapman, 7 Mo. 176; Allred v. Bray, 41 Mo. 487; McManus v. Lee, 43 Mo. 206; McNichols v. Nelson, 45 Mo. App. 453;…
1Opinion of the CourtBarclay, J.
This is an action for trespass to real estate by cutting timber. The first count of the petition is founded on the statute (R. S. 1899, sec. 4572) permitting the recovery of treble damages in some cases. The second count seeks to recover on the same state of facts, but asks as damages only the actual value of the lumber manufactured from the timber in question.
The contention of plaintiffs in substance is that defendants, Nimmons & Bennett, with one O. M. Crisman, wrongfully and unlawfully entered upon plaintiffs’ land in Stoddard county, Missouri (consisting of section 23, township 27, range…
2Cases cited4 opinions
- Holliday v. JacksonMissouri Court of Appeals · 1886
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1897
- Holliday v. JacksonMissouri Court of Appeals · 1888
- Holladay-Klotz Land & Lumber Co. v. T. J. Moss Tie Co.Missouri Court of Appeals · 1899
3Cited by3 opinions
- Hartz v. PageMissouri Court of Appeals · 1929
- Wilkinson v. Western Union Telegraph Co.Missouri Court of Appeals · 1912
- Glassey v. Sligo Furnace Co.Missouri Court of Appeals · 1906