Farrar Lumber Co. v. Brindle

The Farrar Lumber Company brought a petition, *38praying that Paul Brindle be enjoined and restrained from cutting timber on a described tract of land; praying also for recovery of the value of the timber alleged to have been cut and carried away by the defendant.' The petitioner alleged title in itself to the timber, and the defendant in his answer joined issue on this allegation. Upon the trial the jury returned a verdict for the defendant. A motion for a new trial was overruled, and the plaintiff excepted.

Error is assigned upon the following charge of the court: “The plaintiff contends that…