Striegel v. Moore
Supreme Court of Iowa
Appeal from Plymouth District Oov/rt. This is an action to recover damages for an alleged wrongful entry by defendant upon certain real estate, and willfully digging up and carrying away certaingrowing trees, the property of the plaintiff. The defendant admitted that he dug up and removed the trees from the plaintiff’s premises, but alleged that his entry was by mistake, wholly unintentional on his part.
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Appeal from Plymouth District Oov/rt. This is an action to recover damages for an alleged wrongful entry by defendant upon certain real estate, and willfully digging up and carrying away certaingrowing trees, the property of the plaintiff. The defendant admitted that he dug up and removed the trees from the plaintiff’s premises, but alleged that his entry was by mistake, wholly unintentional on his part. There was no dispute as to the number of trees taken, and the defendant pleaded a tender of the sum of thirty-four dollars. There was a trial by jury — verdict and judgment for fifty-one…
1Opinion of the CourtRothrook, J.
i damages-trespass. — Numerous objections were made to the witnesses who were offered by the plaintiff to testify to the V^lue of the trees, upon the ground that they did not gPo^- themselves to have the requisite knowledge of values of property of that kind. These objections, we think, were properly overruled. But the plaintiff, against the defendant’s objection, was permitted by the court to prove the value of the trees after they were dug, and as they lay upon the ground ready to be removed and transplanted. It appears that the trees were growing in a natural forest, and were of proper…
2Cases cited2 opinions
- Chamberlain v. CollinsonSupreme Court of Iowa · 1877
- Clement v. DuffySupreme Court of Iowa · 1880
3Cited by4 opinions
- McMahon v. City of DubuqueSupreme Court of Iowa · 1898
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
- Serian Brothers, Inc. v. Agri-Sun NurseryCalifornia Court of Appeal · 1994
- Dwight v. Elmira, Cortland and Northern RailroadNew York Court of Appeals · 1892