King v. Havens
New York Supreme Court
Error from the Madison 0. P. Hathaniel King, an attorney of the court of common pleas of the county of Madison, brought an action of trespass under the statute giving treble damages, against Peter B. Havens and others, trustees of the village of Hamilton, for cutting down six elm trees planted by him, and standing in front of his house and lot.
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Error from the Madison 0. P. Hathaniel King, an attorney of the court of common pleas of the county of Madison, brought an action of trespass under the statute giving treble damages, against Peter B. Havens and others, trustees of the village of Hamilton, for cutting down six elm trees planted by him, and standing in front of his house and lot. They were planted in 1814, and in 1840 were cut down by order of the trustees, who were widening the side-walk in the village, the trees standing in the middle of the walk as proposed to be made. The defendants claimed that the ground upon which the…
1Opinion of the Court
By the Oonrt,
Nelson, C. J.
The judgment is erroneous. Treble damages are the legal consequence of the finding, as certainly as a judgment is the consequence of a verdict. The Revised Statutes do not essentially differ in this respect from the old law, 2 R. S. 261, § 1, 2; 1 R. L. of 1813, p. 525, § 39. In Newcomb v. Butterfield, 8 Johns. R. 342, was first suggested the mode of ascertaining and trebling the damages. If the jury find the defendants guilty of the trespass as alleged within the act, they are to assess single damages, and it is then the duty of the court to *323treble them. It is for…
2Cited by8 opinions
- McCruden v. Rochester Railway Co.New York Supreme Court · 1893
- Layton v. McConnellAppellate Division of the Supreme Court of the State of New York · 1901
- Marchand v. HaberNew York Supreme Court · 1896
- Jermain v. BoothCourt for the Trial of Impeachments and Correction of Errors · 1845
- Walker v. BurnhamNew York Supreme Court · 1852
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