Wing v. Milliken
Supreme Judicial Court of Maine
On Report. Tlie case appears in tbe opinion. Tbis was not a willful cutting, and the damages to be recovered, if any, are only the value of tbe timber before any labor was expended upon it.
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On Report. Tlie case appears in tbe opinion. Tbis was not a willful cutting, and the damages to be recovered, if any, are only the value of tbe timber before any labor was expended upon it. In Wooden Ware Co. v. U. S., 1 J. S. 432, it was held in an action for cutting and carrying away timber, that tbe rule was, first, where the defendant was a willful trespasser, tbe full value of the property at the time and place of demand or of suit brought, with no deduction of his labor, or expense; second, where he is an unintentional or mistaken trespasser, or an innocent vendee from such trespasser,…
1Opinion of the Court
Foster, J.1
Trover to recover the value of one hundred and fifty thousand feet of sawed birch spool lumber. The lumber in question was cut upon lots 2, 3 and 101, in Franklin plantation, by one George B. Staples who was owner in common with the plaintiff,— the plaintiff’s interest being two-thirds undivided of the lots above named. Staples had an interest in other adjoining lands, and the winter’s operation amounted to about 1000 cords cut and hauled to Staples’ mill in the plantation, and there manufactured into spool strips. It appears that 240 or 245 cords of this amount was cut and hauled…
2Cases cited7 opinions
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- Wetherbee v. GreenMichigan Supreme Court · 1871
- Curtis v. GroatNew York Supreme Court · 1810
- Robinson v. BirdMassachusetts Supreme Judicial Court · 1893
- Ditto v. GeogheganCourt of Appeals of Kentucky · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Semple v. MorgansternSupreme Court of Connecticut · 1922
- First National Bank v. SimanSouth Dakota Supreme Court · 1937
- Lamoreaux v. RandallNorth Dakota Supreme Court · 1926
- Trustees of Dartmouth College v. International Paper Co.U.S. Circuit Court for the District of New Hampshire · 1904
- Sanborn v. MatthewsSupreme Judicial Court of Maine · 1945
3 more not listed; retrieve them via the Exa API.