Cooper v. Brock

(After stating the foregoing facts.) In special ground 1 of the motion for a new trial error is assigned on the admission of testimony of J. Warren, witness for the plaintiff, who testified that the value of pine lumber at the time and place in question was 150 per thousand board feet. The defendant contended that because the petition did not allege that the defendant “wilfully” cut and carried away the trees, the measure of damages was the value of the trees when cut and severed from the land, and not the manufactured value, and therefore this evidence was inadmissible. Special ground 2…