Messer v. Walton

FISHER, Chief Justice.

This is a suit by the appellant against the appellee to recover damages arising from trespass upon the appellant’s land. The specific grounds of damages are based upon the value of cedar posts and wood alleged to have been taken and converted by appellee.

The only question in the case is as to whether the trial court properly submitted the correct measure of damages, and whether or not the jury awarded the amount the appellant was entitled to recover. It is contended by appellant that he was entitled to recover the market value of the cedar timber converted into posts and…