Blake v. Grant

Shorett, J. †

This action was brought under the treble damage provisions of RCW 64.12.030 and .040, alleging trespass and the removal of timber. The appellants admitted the trespass, but contended that the same was “unintentional and inadvertent.”

Upon conflicting evidence, the trial court decided that the trespass was not “casual or involuntary” so as to bring it under the exculpatory provisions of the statute. The trial court, having found that the actual damages were $319.60, entered judgment for treble that amount, plus interest on the trebled amount from the date of trespass to the filing…