Baker v. Hannibal & St. Joseph Railroad

This was an action of trespass under the “ Act concerning trespasses,” (R. C. 1855, p. 1552,) for cutting down trees on the plaintiff’s land. At first the defendant pleaded not guilty, and gave notice of a special defence, founded on the “ Act to incorporate the Hannibal and St. Joseph Railroad Company,” approved Feb. 16,1847, which gave the company power to take wood from lands adjoining the railroad for purposes of construction. Afterwards this answer was with*544drawn, and judgment by default allowed to be taken against the defendant, upon an agreement for single damages only, and an inquiry…