Givens v. Kendrick
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Before the Hon. George W. Stone. This was an action of debt, for cutting down, and carrying away, thirty pine trees, from off the plaintiff’s land, without the consent of the owner. On the trial, it appeared, that Givens had hired one Davis, to build him two houses, and was to show him public land, on which the timber was to be cut.
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Error to the Circuit Court of Talladega. Before the Hon. George W. Stone. This was an action of debt, for cutting down, and carrying away, thirty pine trees, from off the plaintiff’s land, without the consent of the owner. On the trial, it appeared, that Givens had hired one Davis, to build him two houses, and was to show him public land, on which the timber was to be cut. The defendant, and Davis went together, and the defendant pointed out the place where the trees were to be cut, and told him that it was public land. About an hour after-wards, the defendant returned to where Davis was…
1Opinion of the CourtDargan, J.
In the case of Russell v. Irby, 13 Ala. 131, we held, that if one by mistake,, should go beyond his own boundary, and cut down trees, under the impression he was cutting on his own land, although he was liable for damages at common law, yet he did not incur the penalty imposed by the act of 1807. Clay’s Dig. 581. The defendant was excused from the penalty, because he did not intend to commit a trespass, but had done so without intending wrong, or injury to the rights of any one. The case at bar, however, shows, that the defendant intended to commit a trespass on the public, in cutting the…
2Cases cited1 opinion
- Russell v. IrbySupreme Court of Alabama · 1848
3Cited by6 opinions
- Pompano Horse Club, Inc. v. State Ex Rel. BryanSupreme Court of Florida · 1927
- Allison v. LittleSupreme Court of Alabama · 1888
- Cherry Lake Farms, Inc. v. LoveSupreme Court of Florida · 1937
- Pruet v. Dugger-Holmes & AssociatesSupreme Court of Alabama · 1964
- Vick v. TisdaleCourt of Civil Appeals of Alabama · 1975
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