Collins v. Morris

The opinion of the court was delivered by

Porter, J.:

This is an action to recover treble damages for the malicious destruction of trees. Plaintiff and defendant own adjoining farms, and the trees destroyed were six shade trees which plaintiff alleges were growing on his land near the partition fence. There was a verdict and judgment in favor of defendant, from which the plaintiff appeals.

The specifications of error in plaintiff’s brief are, first, the admission of incompetent and immaterial testimony over his objections; second, the rejection of competent testimony offered by the plaintiff;…