Newhouse Mill & Lumber Co. v. Avery
Supreme Court of Arkansas
Appeal from Lincoln Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. J. B. Avery brought suit against the Newhouse Mill & Lumber Company for timber, alleging that said company wilfully, unlawfully and wrongfully cut 85,000 feet of timber from his land, of the value of $885, and asks treble damages for the cutting of same. • The company denied that the timber was wilfully, unlawfully or wrongfully cut, and that it was worth the amount alleged.
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Appeal from Lincoln Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. J. B. Avery brought suit against the Newhouse Mill & Lumber Company for timber, alleging that said company wilfully, unlawfully and wrongfully cut 85,000 feet of timber from his land, of the value of $885, and asks treble damages for the cutting of same. • The company denied that the timber was wilfully, unlawfully or wrongfully cut, and that it was worth the amount alleged. It was admitted that the company cut timber from the lands of Avery, and the issue submitted to the jury was the amount and value of the…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is insisted, first, that there is no evidence sufficient to sustain the verdict as to' the value of the timber. From the testimony already recited, it will be seen that the value of. the timber cut was variously estimated at from $2 to $10 per thousand feet, and the jury fixed it at $5 per thousand. The suit was brought for treble damages, and submitted to the jury upon the theory that the timber was cut from the lands of the plaintiff wrongfully by the defendant, without it having any probable cause-to believe the timber belonged to it, and the jury…
2Cases cited1 opinion
- Doniphan Lumber Co. v. CaseSupreme Court of Arkansas · 1908
3Cited by2 opinions
- Burbridge v. Bradley Lumber Co.Supreme Court of Arkansas · 1951
- H. D. Williams Cooperage Co. v. ClarkSupreme Court of Arkansas · 1912