Murdoch v. Biery
Supreme Court of Pennsylvania
Appeal, No. 35, Oct. T., 1920, by defendants, from judgment of C. P. Venango Co., Aug. T., 1918, No. 47, on verdict for plaintiff, in case of J. M. Murdoch v. Homer D. Biery et al., trading as Homer D. Biery Lumber Co. Trespass to recover treble damages for unlawful cutting of timber trees. Before Criswell, P. J. Tbe opinion of tbe Supreme Court states tbe facts.
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Appeal, No. 35, Oct. T., 1920, by defendants, from judgment of C. P. Venango Co., Aug. T., 1918, No. 47, on verdict for plaintiff, in case of J. M. Murdoch v. Homer D. Biery et al., trading as Homer D. Biery Lumber Co. Trespass to recover treble damages for unlawful cutting of timber trees. Before Criswell, P. J. Tbe opinion of tbe Supreme Court states tbe facts. Verdict and judgment for plaintiff for $3,492, upon which judgment was entered for $2,600, all above that amount having been remitted. Defendants appealed. Errors assigned were various rulings on evidence, and instructions indicated…
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This appeal by defendants is from judgment in an action of trespass brought, under the Act of March 29, 1824, P. L. 152, to recover treble damages for timber trees which defendants cut down and removed from plaintiff’s land at Polk, Venango County, in 1918. 'Section 3 of said act provides, inter alia, “That in all cases where any person, after the said first day of September, shall cut down or fell, or employ any person or persons to cut down or fell, any timber tree or trees, growing upon the lands of another, without the consent of the owner thereof, he, she or…
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