Moskow v. Smith

This is an action of tort for trespass. The declaration is in two counts; the first is based on the common law and alleges that the defendant unlawfully entered upon the plaintiff’s land and wrongfully cut down and carried away about forty trees; the second is based on G. L. (Ter. Ed.) c. 242, § 7, and alleges that the defendant wilfully and without license cut down and carried away trees on the plaintiff’s land, thereby rendering the defendant liable for treble damages.

The defendant, who was superintendent of streets of the town of Hull, testified that in March, 1943, eight or ten of his men…