Legal Opinion

Abbott v. Sumter Lumber Co.

Supreme Court of South Carolina

Decided November 4, 1912No. 8362PublishedCited by 7 opinions

Before Copes, J., Sumter, Action by S. R. Abbott against Sumter Lumber Co. Defendant appeals. cite: Measure of damage for cutting timber: 61 S. C. 313; 69 S. C. 367. Por cutting by mistake punitive damages should not be awarded: 13 Cyc. 109, 111. Independent contractor: 16 Ency. 187, 192, 191; 65 L. R. A. 445; 30 At. 346; 73 S. C. 212. cites: Value of trees: 61 S. C. 313. Independent contractor: 16 Ency. 204; 26 Cyc. 1562, 1565.

1Opinion of the Court

November 4, 1912. The first opinion was delivered by This is an action for damages.

The allegations of the complaint material to the questions involved, are as follows: "That before the death of Dr. H.T. Abbott, the husband of the plaintiff, who was then the owner of said land, the defendant went upon a portion of said tract of land, without any right whatsoever, to do so, and did cut and remove a portion of the pine timber therefrom. That the said Dr. H.T. Abbott stopped the defendant from cutting the timber on his said land, and the defendant was notified not to enter upon said land, and cut…

2Cases cited10 opinions

  1. Luther v. WheelerSupreme Court of South Carolina · 1905
  2. Rucker v. SmokeSupreme Court of South Carolina · 1892
  3. Hollis v. SalesSupreme Court of Georgia · 1897
  4. Kean v. LandrumSupreme Court of South Carolina · 1905
  5. Byne v. HatcherSupreme Court of Georgia · 1885

5 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Hunter v. HyderSupreme Court of South Carolina · 1960
  2. Hahn v. SmithSupreme Court of South Carolina · 1930
  3. Hunt v. JordanCourt of Appeals of South Carolina · 1985
  4. Bolton v. Wharton, MayorSupreme Court of South Carolina · 1931
  5. Caldwell v. CarrollSupreme Court of South Carolina · 1927

2 more not listed; retrieve them via the Exa API.

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