Legal Opinion

Gunstone v. Chicago, Milwaukee & Puget Sound Railway Co.

Washington Supreme Court

Decided May 16, 1914No. 11796PublishedCited by 7 opinions

Appeal from a judgment of the superior court for Thurs-ton county, Claypool, J., entered July 17, 1913, upon findings in favor of the plaintiff, in an action in tort, tried to the court.

1Opinion of the CourtMount, J.

The sole question in this case is the measure of damages for the unlawful taking and conversion of a lot of logs belonging to the respondent.

It appears that, on June 30, 1909, the appellant railway company purchased from the respondent a strip of land to be used as a right of way for the construction of its railway. The deed conveying the land contained a reservation to the effect that “the timber on said strip of land is reserved by said John Gunstone.” Shortly thereafter, the right of way was cleared and the timber cut into logs and piled upon or along near to the right of way of the…

2Cases cited5 opinions

  1. Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
  2. Bailey v. HaydenWashington Supreme Court · 1911
  3. Beede v. LampreySupreme Court of New Hampshire · 1888
  4. Chappell v. Puget Sound Reduction Co.Washington Supreme Court · 1901
  5. Ayres v. HubbardMichigan Supreme Court · 1885

3Cited by7 opinions

  1. Grays Harbor County v. Bay City Lumber Co.Washington Supreme Court · 1955
  2. Ventoza v. AndersonCourt of Appeals of Washington · 1976
  3. Loudon v. CooperWashington Supreme Court · 1940
  4. de la Pole v. LindleyWashington Supreme Court · 1924
  5. Parks v. Yakima Valley Production Credit Ass'nWashington Supreme Court · 1938

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