Boneck v. Herman

Two causes of action were stated. The first cause of action was for the value of the pulpwood and cordwood cut and removed from the premises by the defendant. Upon the trial, this cause of action was abandoned. The second cause of action stated was for damage to the real estate caused by the cutting and removal of timber by the defendant.

At the close of the evidence and before the argument of counsel to the jury, the following proceedings were had:

“The court: Is it agreeable to counsel for both plaintiff and defendant that these two questions be the only two questions submitted to the jury?

“Mr…