Disbrow v. . Westchester Hardwood Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 22, 1897, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term."
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 22, 1897, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term." This action was brought to restrain the defendant from cutting and felling any timber upon plaintiff’s lands, and from removing therefrom any of the wood or timber previously cut and felled, except in accordance with the provisions of the contract hereinafter set forth, and to recover damages for the wrongful cutting and destruction of wood and timber not within…
1Opinion of the CourtWerner, J.
The unanimous affirmance below, of the judgment under review, obviates the necessity of examining the facts further than is essential to the proper disposition of the exceptions upon which the appellant relies.
Appellant’s first challenge to the validity of this judgment is based up'on exceptions taken to the rule of damages laid down by the court. It is urged that it was error for the court to adopt the rule that the plaintiff was entitled to recover the difference between the value of the land with the wood cut off the two lots, as per contract, and the value of the land after all the…
2Cases cited2 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
3Cited by9 opinions
- Moss v. Peoples California Hydro-Electric Corp.Oregon Supreme Court · 1930
- Honaker Lumber Co. v. KiserSupreme Court of Virginia · 1922
- Meyer v. Standard Telephone Co.Supreme Court of Iowa · 1904
- Lewis v. GuthrieIndiana Court of Appeals · 1916
- People v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1914
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