Moore v. Erie Railway Co.

This action was commenced before a justice of the peace, of the county of Cattaraugus, to recover the value of a quantity of fire-wood, which it was alleged the defendant had converted to his own use. The defendant denied the complaint, and set up a counter-claim. The court rendered judgment in favor of the plaintiff and against the defendant for the sum of sixty-seven dollars and fifty five cents damages and costs.

The defendant appealed to the County Court; and on the trial in that court it appeared that the plaintiff, in the winter of 1865, drew and piled on the land of the defendant, near…