Vaillancourt v. Dutton

This is an action of trespass. The declaration alleged that the defendant broke and entered the close of the plaintiff and cut down and destroyed certain trees growing therein and carried away the timber and wood, but contained no claim to recover treble damages as allowed by P. L. 8450. The course of the trial was such that at the close of the evidence only the issue of damages remained for the jury. The Court charged that the plaintiff sought to recover treble damages; that he was entitled in any event to a verdict for the fair market value of the trees, and also to receive three times this…