Fleming v. Sherry
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. In the winter of 1886-87 the defendant Henry Sherry cut, carried away, and converted to his own use a quantity of pine timber theretofore standing and growing upon a forty-acre lot of land in the county of Marathon, which land he purchased in 1883 of one Harriman, who owned the same by mesne conveyances from the government.
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APPEAL from the Circuit Court for Marathon County. In the winter of 1886-87 the defendant Henry Sherry cut, carried away, and converted to his own use a quantity of pine timber theretofore standing and growing upon a forty-acre lot of land in the county of Marathon, which land he purchased in 1883 of one Harriman, who owned the same by mesne conveyances from the government. The defendant J. 8. Ingersoll was in the employ of Sherry, and superintended the cutting and removal of the timber. When Sherry purchased the land he had. an abstract of the title thereto, purporting to be certified by the…
1Opinion of the CourtLyon, J.
It is conceded that the plaintiffs were the owners of the land upon which the timber was cut by the defendants, and are entitled to recover damages therefor. The only controversy relates to the measure of damages. The plaintiffs claim that they are entitled to the damages given by sec. 4269, R. S.; while the defendants claim that they are only liable for the actual damages, that is to say, for the value of the stumpage. The plaintiffs were allowed to recover the larger damages of the statute. Whether they were entitled thereto under the circumstances of this case, and, if so, whether the jury…
2Cases cited3 opinions
- Smith v. SherryWisconsin Supreme Court · 1882
- Hewitt v. WeekWisconsin Supreme Court · 1884
- Warren v. PutnamWisconsin Supreme Court · 1887
3Cited by3 opinions
- Barrett v. StradlWisconsin Supreme Court · 1889
- St. Croix Land & Lumber Co. v. RitchieWisconsin Supreme Court · 1889
- Smith v. MorganWisconsin Supreme Court · 1889