Earl v. Fordice

McFADDEN, Justice.

Plaintiff brought this action under the provisions of I. C. § 6-202 to recover treble damages for the cutting of timber on his property, claimed to have been done by defendants.

The applicable parts of I.C. § 6-202 reads:

“Any person who cuts down or carries off any wood * * * tree, or timber, or girdles, or otherwise injures any tree or timber on the land of another person, * * * without lawful authority, is liable to the owner of such land, * * * for treble the amount of damages which may be assessed therefor in a civil action, in any court having jurisdiction.”

Plaintiff…