Moody v. Whitney
Supreme Judicial Court of Maine
Exceptions from Nisi Prius, Shepley, C. J., presiding. Trover, to recover the value of certain mill-logs, alleged to have been taken by defendants from plaintiff’s land.
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Exceptions from Nisi Prius, Shepley, C. J., presiding. Trover, to recover the value of certain mill-logs, alleged to have been taken by defendants from plaintiff’s land. The evidence tended to show, that the defendants cut trees on the plaintiff’s land, and divided them into mill-logs, and caused the logs to be hauled two or three miles and laid upon another piece of plaintiff’s land, near his mill, whence they rolled them into the stream and converted them to their own use; and that the value of the logs was greater than where they were cut, by the expense of hauling or something like it.…
1Opinion of the CourtTenney, J.
— The question presented in this case is, whether the plaintiff, if entitled to recover in the action, can have in damages the value of the timber at the place where it was deposited, which was two or three miles nearer the destined market, than the spot where the trees were cut; or, is he limited in damages to their value, where they were first severed from the freehold ?
In England, it has been held, that the jury are not restricted to find as damages the mere value of the property, at the time of the conversion, but they may find as damages^ the value at a subsequent time in their…
2Cases cited4 opinions
- Baker v. Wheeler & MartinNew York Supreme Court · 1832
- Curtis v. GroatNew York Supreme Court · 1810
- Betts v. LeeNew York Supreme Court · 1810
- West v. WentworthNew York Supreme Court · 1824
3Cited by14 opinions
- Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
- White v. YawkeySupreme Court of Alabama · 1895
- Austin v. Huntsville Coal & Mining Co.Supreme Court of Missouri · 1880
- Buckley v. BuckleyNevada Supreme Court · 1877
- Ward v. Carson River Wood Co.Nevada Supreme Court · 1878
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