Humes v. Proctor
New York Supreme Court
Appeal from circuit court, Lewis county. Action by Aaron Humes against Thomas E. Proctor and George Mead for cutting timber on plaintiff’s land. From a judgment for plaintiff, and from an order denying defendants’ motion for new trial made on the minutes, and from an order trebling the awarded on the trial, defendants appeal.
1Opinion of the CourtMartin, J.
This action was for trespass in cutting and removing trees growing upon the plaintiff’s land, without his consent. Treble damages were demanded in the complaint. The defense was a general denial, and a license by the plaintiff to do the acts complained of. The chief question litigated was whether the land upon which the trees in question stood was the land of the plaintiff, or belonged to one of the defendants. The proof on the part of the plaintiff tended to show that it was the plaintiff’s, while the defendants’ evidence was that it belonged to the defendant Proctor. The evidence of the…
2Cases cited3 opinions
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
- Argotsinger v. . VinesNew York Court of Appeals · 1880
- Abeel v. . Van GelderNew York Court of Appeals · 1867
3Cited by2 opinions
- Tubb v. Rolling Ridge, Inc.New York Supreme Court · 1961
- People v. BennettNew York Supreme Court · 1907