Powers v. Tilley
Supreme Judicial Court of Maine
On exceptions. The case appears in the opinion. Buie of damages is value at time of tortious severance. Suth. Damages, p. 512, 516 ; Gushing v. Longfellow, 26 Maine, 306 ; Moody v. Whitney, 38 Maine, 174, cited with approval in Blaen Avon Goal Go. v. McGulloh, 59 Md. 403; Forsyth v. Wells, 41 Penn. St. 291 ; Winchester v. Graig, 33 Mich. 205 ; Beede v. Lamphrey, 64 N. H. 510 (10 Am. St. Bep. 426) ;■ Omaha & Grant 8. & R. Go. v. Tabor, 16 Am.
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On exceptions. The case appears in the opinion. Buie of damages is value at time of tortious severance. Suth. Damages, p. 512, 516 ; Gushing v. Longfellow, 26 Maine, 306 ; Moody v. Whitney, 38 Maine, 174, cited with approval in Blaen Avon Goal Go. v. McGulloh, 59 Md. 403; Forsyth v. Wells, 41 Penn. St. 291 ; Winchester v. Graig, 33 Mich. 205 ; Beede v. Lamphrey, 64 N. H. 510 (10 Am. St. Bep. 426) ;■ Omaha & Grant 8. & R. Go. v. Tabor, 16 Am. St. Bep. 185. Counsel also cited: Stoehbridge Iron Go. v. Gone Iron Works, 102 Mass. 80; Railroad v. Hutchins, 32 Ohio, 371; Wetherbee v. Green, 22 Mich.…
1Opinion of the CourtStrout, J.
Trover for- a quantity of railroad sleepers. The-cedar logs, from which the sleepers were made, had been cut on plaintiff’s land by two trespassers, and by them manufactured into sleepers, and then sold to the defendant. The question is, what is the rule of damages. The presiding judge instructed the jury, that the plaintiff was entitled "to recover the value of the sleepers at the time of conversion [by defendant], whatever the sleepers were worth in the market to sellthat, "at the instant Mr. Tilley [defendant] made that conversion, that instant- he interfered with Mr. Powers’ rights, and…
2Cases cited1 opinion
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
3Cited by3 opinions
- Central Coal & Coke Co. v. John Henry Shoe Co.Supreme Court of Arkansas · 1901
- Trustees of Dartmouth College v. International Paper Co.U.S. Circuit Court for the District of New Hampshire · 1904
- Sanborn v. MatthewsSupreme Judicial Court of Maine · 1945