Cohn v. Neeves
Wisconsin Supreme Court
APPEAL Rom the Circuit Court for Wvrmebago County. The case is thus stated by Mr. Justice Cole in his opinion as originally prepared: “Sec. 6, ch. 42, Tay.
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APPEAL Rom the Circuit Court for Wvrmebago County. The case is thus stated by Mr. Justice Cole in his opinion as originally prepared: “Sec. 6, ch. 42, Tay. Stats., reads as follows: ‘Whoever shall convert to his own use, without the consent of the owmer thereof, any logs, timber, boards or planks floating in any of the waters of this state, or lying on tbe banks or shores of such waters, or on any island where the same may have drifted, except as in this chapter provided for, shall be liable to the owner thereof in treble the amount of damages.’ This action is for treble damages under this…
1Opinion of the CourtCole, J.
The important question arising upon the various exceptions taken by defendants is: Does the statute give the treble damages when the conversion is merely a technical conversion in law, as in the case before us; or was it only intended to apply to cases where some ingredient of willfulness, wantonness or evil design enters into the act? According to the view of the circuit judge, the statute applies to every case of the conversion of logs, timber or lumber floating in any of the waters of this state, or lying on the banks or shores of such waters, or on any island where the same may have…
2Cases cited3 opinions
- Russell v. IrbySupreme Court of Alabama · 1848
- Palmer v. StateIndiana Supreme Court · 1873
- Lindell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1857
3Cited by26 opinions
- State v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1906
- State v. Shevlin-Carpenter Co.Supreme Court of Minnesota · 1906
- Morrill v. Title Guaranty & Surety Co.Washington Supreme Court · 1917
- Gardner v. LovegrenWashington Supreme Court · 1902
- Krom v. Antigo Gas Co.Wisconsin Supreme Court · 1913
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