Wheeler v. Carpenter
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Forest county; Of October Term, 1884, No. 65. Trespass quare clausum fregit, by William Petrie and John L. Kimberly, for use of The Tionesta Creek Oil Company against William F. Wheeler, N. P. Wheeler, John E. Dusen-bury and William Dusenbury, doing business as Wheeler, Dusenbury & Co., to recover damages for timber trees cut and removed from a tract of land containing 447 acres, being parts of tracts Nos. 5196 and 5269, in Kingsley…
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Error to the Court of Common Pleas of Forest county; Of October Term, 1884, No. 65. Trespass quare clausum fregit, by William Petrie and John L. Kimberly, for use of The Tionesta Creek Oil Company against William F. Wheeler, N. P. Wheeler, John E. Dusen-bury and William Dusenbury, doing business as Wheeler, Dusenbury & Co., to recover damages for timber trees cut and removed from a tract of land containing 447 acres, being parts of tracts Nos. 5196 and 5269, in Kingsley township. On the trial, before BrowN, P. J., the record was amended by the substitution of John G. Carpenter as plaintiff.…
1Opinion of the CourtJustice GobdoN
We cannot agree with the court below that the damages as found by the jury, in the case in hand, should have been trebled. Had the facts been as the counsel for the defendant in error argued, that the defendants re-entered after an abandonment of the premises, the action of the court might have been justified. But it does not appear that the jury so found. The plaintiff put in evidence the fact that the defendants had cut trees of a less size than those reserved in the deed of Wheeler et al. to John G. Carpenter; this being so; the verdict may have been for the price of such trees only; that…
2Cited by2 opinions
- Dexter v. Lathrop, Pennsylvania Court of Common Pleas, Tioga County1890
- Bush v. GambleSupreme Court of Pennsylvania · 1889