Menasha Woodenware Co. v. Spokane International Railway Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, in and for the County of Bonner. Hon. Robt. N. Dunn, Judge. Action to recover damages for trespass and conversion of timber. Judgment for plaintiff. The rule seems to be that separate verdicts should be returned where several counts state different causes of action. (12 Current Law, pp. 2262, 2263; Freedman v. N. Y. etc. By. Go., 81 Conn. 601, 71 Atl. 901, 15 Ann.
Read the full summary
APPEAL from the District Court of the Eighth Judicial District, in and for the County of Bonner. Hon. Robt. N. Dunn, Judge. Action to recover damages for trespass and conversion of timber. Judgment for plaintiff. The rule seems to be that separate verdicts should be returned where several counts state different causes of action. (12 Current Law, pp. 2262, 2263; Freedman v. N. Y. etc. By. Go., 81 Conn. 601, 71 Atl. 901, 15 Ann. Cas. 464.) It may be a single verdict containing separate findings. (Graves v. St. Louis etc. By. Go., 133 Mo. App. 91, 112 S. W. 736; Hughes Instructions to Juries,…
1Opinion of the Court
WOODS, District Judge.
The respondent sues to recover damages from the appellant for the value of a right of way appropriated and used by appellant, through certain lands, including the value of the timber cut from said right of way and used by appellant, for three times the value of the timber alleged to have been cut by appellant, wrongfully and unlawfully, on lands of respondent outside of and adjoining said right of way, and used by the appellant; for damages alleged to have accrued to its whole tract of land, exclusive of the part taken for its right of way, by reason of its severance…
2Cases cited5 opinions
- Barnes v. JonesCalifornia Supreme Court · 1876
- Russell v. IrbySupreme Court of Alabama · 1848
- Whitecraft v. VanderverIllinois Supreme Court · 1850
- McDonald v. Montana Wood Co.Montana Supreme Court · 1894
- Perkins v. HacklemanMississippi Supreme Court · 1853
3Cited by11 opinions
- Weitz v. GreenIdaho Supreme Court · 2010
- Bumgarner v. BumgarnerIdaho Court of Appeals · 1993
- Mock v. Potlatch Corp.District Court, D. Idaho · 1992
- Earl v. FordiceIdaho Supreme Court · 1962
- William R. Fischer v. James F. CrostonIdaho Supreme Court · 2018
6 more not listed; retrieve them via the Exa API.