Strubbee v. Trustees Cincinnati Railway
Court of Appeals of Kentucky
Case 97 — ORDINARY— APPEAL FROM PULASKI CIRCUIT COURT. The court erred in refusing the instruction asked for by appellant. The trespass committed by cutting down his trees could not deprive him of his property, whatever may have been done with it by the trespasser.
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Case 97 — ORDINARY— APPEAL FROM PULASKI CIRCUIT COURT. The court erred in refusing the instruction asked for by appellant. The trespass committed by cutting down his trees could not deprive him of his property, whatever may have been done with it by the trespasser. The good faith of the railroad company cannot protect them as purchasers. 1. Although the timber was taken from appellant without his consent, yet it is shown that its value was greatly enhanced by the labor of the trespasser. In his hands we concede that a recovery could be had; but as between the appellant and the appellee, who…
1Opinion of the CourtChief Justice Pryor
This was an action instituted in the Pulaski circuit court for the specific rec<^j¡gry of 2,600 railroad cross-ties. Strubbee, the appellant,'owned the land ispm which the timber was cut and out of which the cross-ties were made. The ties were hauled and stacked on the line of the Cincinnati Railway, and sold by E. T. Wells & Co. to the trustees of that road.
It is an admitted fact that the timber was cut and delivered to Wells & Co. by parties who were trespassers on appellant's land, having entered and taken his timber without any license from the owner, and in the absence of any claim…
2Cited by8 opinions
- Falls Branch Coal Co. v. Proctor Coal Co.Court of Appeals of Kentucky · 1924
- Bozeman Mortuary Association v. FairchildCourt of Appeals of Kentucky (pre-1976) · 1934
- Blodgett v. SealsMississippi Supreme Court · 1900
- Kelly v. KellyCourt of Appeals of Kentucky · 1918
- Quigley Furniture Co. v. RheaSupreme Court of Virginia · 1912
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