Legal Opinion

Osburn v. Lovell

Michigan Supreme Court

Decided April 17, 1877PublishedCited by 15 opinions

Error to Gratiot Circuit, Hotiee was not necessary to authorize the testimony offered to show that the trespass was casual and involuntary, and that defendant had prohahle cause to believe the land was his own.

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Error to Gratiot Circuit, Hotiee was not necessary to authorize the testimony offered to show that the trespass was casual and involuntary, and that defendant had prohahle cause to believe the land was his own. The statutory trespass which authorizes treble damages involves willful, wanton or evil intent, and the simple act of cutting timber on another’s land, without reference to the intent, does not present a case for imposing the penalty of trebling the actual damage done: Wallace v. Finch, 24 Mich., 255; Bussell v. Myers, 32 Mich., 522. The establishing that the trespass was committed…

1Opinion of the Court

Cooley, Ch. J:

The principal.error relied upon in this case is, that the court, in an action for trespass to lands and the cutting of *249timber, in which the plaintiff claimed to recover treble damages under the statute, refused to receive the evidence offered by the defendant to show that the trespass was involuntary, and made under a bona fide claim of right. The ruling was based upon the neglect of the defendant to give notice under his plea of the general issue of his intention to introduce such evidence.

The statutory provisions bearing on the case are sections 6370 and 6371 of the Compiled…

2Cases cited7 opinions

  1. Ingalls v. EatonMichigan Supreme Court · 1872
  2. Lynch v. PeopleMichigan Supreme Court · 1868
  3. Myers v. CarrMichigan Supreme Court · 1863
  4. Kinnie v. OwenMichigan Supreme Court · 1849
  5. Thayer v. SherlockMichigan Supreme Court · 1856

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3Cited by15 opinions

  1. Reusens v. LawsonSupreme Court of Virginia · 1895
  2. Bush v. SpragueMichigan Supreme Court · 1883
  3. Vaughan v. Mayo Milling Co.Supreme Court of Virginia · 1920
  4. Peters v. HangerCourt of Appeals for the Fourth Circuit · 1904
  5. Embrey v. WeissmanMichigan Court of Appeals · 1977

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