Livingston v. Platner
New York Supreme Court
Trespass quart clausum fregit, and for cutting the plaintiff’s trees, contrary to the form of the statute, &c. On the trial the plaintiff claimed, and the Judge charged the jury to find the value of the wood cut. According to the minutes of the Circuit Clerk, the jury found for the plaintiff 75 dollars damages, and 6 cents costs, without saying single damages or single value. The postea was produced, which was drawn up by the attorney for the single value, fyc.
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Trespass quart clausum fregit, and for cutting the plaintiff’s trees, contrary to the form of the statute, &c. On the trial the plaintiff claimed, and the Judge charged the jury to find the value of the wood cut. According to the minutes of the Circuit Clerk, the jury found for the plaintiff 75 dollars damages, and 6 cents costs, without saying single damages or single value. The postea was produced, which was drawn up by the attorney for the single value, fyc. The plaintiff claimed the value of the wood cut, upon the trial.
1Opinion of the Court
Curia.
To entitle him to have the damages and costs trebled, on motion, the plaintiff must, 1. Count upon the statute". 2. The jury must find, generally, for the plaintiff and assess the single value of the wood, &c. cut or carried off. in terms. If they do not thus find, we.will intend that they *176have found the treble value, or that the defendant brought ]}jmsey w¡£tbn the provisos of the act.
Motion denied
2Cited by10 opinions
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- Rock v. Belmar Contracting Co.New York Supreme Court · 1930
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