Legal Opinion

Kulp v. Bird

Supreme Court of Pennsylvania

Decided March 14, 1887Published

January Term, 1887, No. 2, E. D., before Mercur, Oh. J.r Gordon, Paxson, True key, Sterrett, Green, and Clark, JJ. Error to the Common Pleas of Columbia County to review a judgment on a verdict for plaintiff in an action of trespass for cutting timber. This action was brought by James Bird against Darlington R. Kulp, Curtis G. McWilliams, and William O. McConnell, doing business as Kulp, McWilliams, & Company.

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January Term, 1887, No. 2, E. D., before Mercur, Oh. J.r Gordon, Paxson, True key, Sterrett, Green, and Clark, JJ. Error to the Common Pleas of Columbia County to review a judgment on a verdict for plaintiff in an action of trespass for cutting timber. This action was brought by James Bird against Darlington R. Kulp, Curtis G. McWilliams, and William O. McConnell, doing business as Kulp, McWilliams, & Company. Tbe facts sufficiently appear from the charge of the court given below. Tbe plaintiff offered in evidence a certified copy of the will of Henry Eisher, deceased, dated September 24,…

1Opinion of the Court

Per Curiam :

We have given to this case a thorough examination, and have ■carefully considered all the specifications of error; yet we are not able to find any error in the record. We do not discover that the learned judge, in his able arid clear charge, stated either the law or the facts incorrectly. The rulings relating to the admission of evidence are free from error. The record shows affirmatively that the jury gave single damages only for the oak; this gave a clear right to the court to double those damages. Clark v. Sargeant, 112 Pa. 16, 5 Atl. 44.

Judgment affirmed.

2Cases cited1 opinion

  1. Clark v. SargeantSupreme Court of Pennsylvania · 1886

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