Hewitt v. Harvey
Supreme Court of Missouri
dlppeal from Fiflh District Court. I. Tbe petition is sufficient under tne statute of- trespasses. This suit is not founded on a penal statute, but upon a remedial statute. Though the consequences of the violation are partially punitive, yet the primary object of the law is to give compensation for injuries actually sustained. (13 Pick. 94, 102; Gen. Stat. 1865, p. 661, § 41; id. 379, § 1.) II. This action is upon the first clause o£ section 1 of the statute (Wagn.
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dlppeal from Fiflh District Court. I. Tbe petition is sufficient under tne statute of- trespasses. This suit is not founded on a penal statute, but upon a remedial statute. Though the consequences of the violation are partially punitive, yet the primary object of the law is to give compensation for injuries actually sustained. (13 Pick. 94, 102; Gen. Stat. 1865, p. 661, § 41; id. 379, § 1.) II. This action is upon the first clause o£ section 1 of the statute (Wagn. Stat. 1345), and under this clause it is only necessary to allege that the land upon which the timber was cut, etc., was the land…
1Opinion of the CourtWagner, Judge
This was an action for trespass in cutting and carrying away certain timber on land belonging to the plaintiff. In the Circuit Court the jury returned a verdict for the plaintiff, and on motion the court gave treble damages. On appeal, the District, Court reversed the judgment and aAvarded single damages only. Erom the state of the pleadings, no question can be considered here except the action of the court in reference to damages.
The amended petition on which the cause Avas tried substantially set forth that the defendant, ■without leave and wrongfully, *370entered upon land, of which the…
2Cases cited2 opinions
- State ex rel. Owens v. DraperSupreme Court of Missouri · 1870
- Lowe v. HarrisonSupreme Court of Missouri · 1844
3Cited by11 opinions
- White v. MaxcySupreme Court of Missouri · 1877
- Donnell v. Vigus Quarries, Inc.Missouri Court of Appeals · 1970
- Comings v. Hannibal & Central Missoum RailroadSupreme Court of Missouri · 1871
- Atlantic & Pacific Railroad v. FreemanSupreme Court of Missouri · 1875
- Pitt v. DanielMissouri Court of Appeals · 1899
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