Fox v. McLain

This is an action by plaintiff Phyllis Fox, the owner of approximately 200 acres of land in Maidstone, Vermont, against defendant Chester McLain seeking treble damages under 13 V.S.A. § 3606 for the unlawful cutting of timber on that property. Trial was held on April 13 and 15, 1981, and the Essex Superior Court, sitting without jury, awarded plaintiff single damages, including costs, in the amount of $27,832.85. Both parties appeal this judgment.

In April of 1978, defendant contacted plaintiff by telephone and asked if she would sell her Maidstone property. Plaintiff, an elderly woman with a…