Legal Opinion

Skamania Boom Co. v. Youmans

Washington Supreme Court

Decided July 11, 1911No. 9345PublishedCited by 24 opinions

Appeal from a judgment of the superior court for Ska-mania county, Holcomb, J., entered October 17, 1910, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action for trespass.

1Opinion of the CourtGose, J.

This action was brought to recover treble damages for the cutting of standing timber. There was a judgment for the plaintiff. The defendants have appealed.

The essential facts are as follows: On September 8, 1900, one Day, being the owner of 160 acres of land in Skamania *95county, sold and conveyed it to one Sweeney, reserving unto himself, his heirs and assigns, “all the timber on the above described premises, and the right to enter into and upon the same for the purpose of removing said timber, and the construction and maintenance of a logging road thereon forever.” On March 6, 1901, Day sold…

2Cases cited5 opinions

  1. Gardner v. LovegrenWashington Supreme Court · 1902
  2. McFeters v. PiersonSupreme Court of Colorado · 1890
  3. Seymour v. LaFurgeyWashington Supreme Court · 1907
  4. McMicken v. WebbSupreme Court of the United States · 1837
  5. Northern Pacific Railway Co. v. Myers-Parr Mill Co.Washington Supreme Court · 1909

3Cited by24 opinions

  1. Rayonier, Incorporated v. F. Arnold PolsonCourt of Appeals for the Ninth Circuit · 1968
  2. Broughton Lumber Co. v. BNSF Railway Co.Washington Supreme Court · 2012
  3. Elmonte Investment Co. v. Schafer Bros. Logging Co.Washington Supreme Court · 1937
  4. Hendrickson v. LyonsWashington Supreme Court · 1922
  5. R. M. Cobban Realty Co. v. DonlanMontana Supreme Court · 1915

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