Legal Opinion

Davis v. Cotey

Supreme Court of Vermont

Decided May 15, 1897PublishedCited by 12 opinions

Action upon the statute to recover treble damages for cutting timber. Plea, general issue. Trial by jury at tbe December Term, 1896, Addison County, Tyler, J., presiding. Verdict and judgment for tbe plaintiff. The defendants excepted.

1Opinion of the CourtStart, J.

This action is brought under V. S. 5020, to recover treble damages for cutting timber. This statute, in so far as it relates to timber, provides that, if a person cuts down, destroys or carries away timber standing, lying or growing on the land of another person, without leave from *121the owner of snch lands, the party injured may recover of such person treble damages in an action on this statute. But if, upon trial, it appears that the defendant acted through mistake, or had good reason to believe that the timber was on his land, the plaintiff shall recover single damages, only, and costs.

In…

2Cases cited2 opinions

  1. Vilas v. DownerSupreme Court of Vermont · 1849
  2. Roberts v. City of BostonMassachusetts Supreme Judicial Court · 1889

3Cited by12 opinions

  1. Amey v. HallSupreme Court of Vermont · 1962
  2. Guild v. PrentisSupreme Court of Vermont · 1910
  3. Hathaway v. GoslantSupreme Court of Vermont · 1905
  4. Enos v. Owens Slate Co.Supreme Court of Vermont · 1932
  5. Schall v. Northland Motor Car Co.Supreme Court of Minnesota · 1913

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