Agnew v. Albert Lewis Lumber & Manufacturing Co.
Supreme Court of Pennsylvania
Appeal, No. 342, Jan. T., 1906, by defendant, from judgment of O. P. Luzerne Co., May T., 1903, No. 353, on verdict for plaintiff in case of Harper ~W. Agnew v. Albert Lewis Lumber & Manufacturing Company. Trespass to recover damages for cutting timber. Before Terry, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court. Yerdict and judgment for plaintiff for $3,500. Defendant appealed.
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Appeal, No. 342, Jan. T., 1906, by defendant, from judgment of O. P. Luzerne Co., May T., 1903, No. 353, on verdict for plaintiff in case of Harper ~W. Agnew v. Albert Lewis Lumber & Manufacturing Company. Trespass to recover damages for cutting timber. Before Terry, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court. Yerdict and judgment for plaintiff for $3,500. Defendant appealed. Error assigned, was in overruling motion for judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This was an action of trespass to recover treble damages under the provisions of the Act of March 29, 1824, P. L. 152, for the cutting and conversion of timber by defendant upon land alleged by plaintiff to belong to him. The cutting and conversion of the timber was admitted, but defendant claimed that the land upon which it grew was its property, and not the property of plaintiff. The question tried, therefore, was whether this land, between twenty-three and twenty-four acres in extent, belonged to plaintiff or not.
The evidence showed that on February 26, 1793,…
2Cases cited3 opinions
- Jackson v. LambertSupreme Court of Pennsylvania · 1888
- Wilson v. MarvinSupreme Court of Pennsylvania · 1895
- Brown & Rockwell v. WilleySupreme Court of Pennsylvania · 1862