Knisely v. Hire

The appellee sued the appellant in the court below for the wrongful cutting of timber from appellee’s land. The case was tried by a jury, and there was » verdict and judgment for the appellee for $500.

The first specification of error is as follows:

“ The court erred in allowing the plaintiff to follow a proposition made by the court to allow two methods of testing and ascertaining the damages in the case; that was, first, the value of the timber destroyed and taken, and, second, the value of the entire land in the open market, and its depreciation by the cutting of the timber.”

As an assignment…