Sackett v. Maggard

Opinion op the Court by

Judge Miller

Reversing.

The appellant Sackett brought this suit to recover from the appellee Maggard $481.50, the value of 332' trees which appellant charges Maggard had cut from his land, and for $1,000 punitive and exemplary damages for the maliciousness of the action of Maggard in connection with the alleged cutting. Martha Maggard, the wife of James L. Maggard, owned a tract of land situated upon the Big Branch of Rockhouse Creek of the Middle Fork of Kentucky River. On October 12th, 1905, Maggard and wife made the following contract with U. W. Sproul,. to-wit:

“This…