Pennington v. Beatty

Defendants Beatty and Bland, copartners as Black Hills Tin Company, were operating a mining property near the town of Tinton. They required timber for use in their operations, and had set up a sawmill where they were preparing such material. The logging operations of defendants, whereby trees were cut and brought to the mill to be worked up for defendants’ use, were in charge of a foreman nanied Evans. Evans observed certain trees which were of the type suited to defendants’ use, and stated to defendant Bland that he thought those trees should be cut and logged and put through the mill before…