Chappell v. Puget Sound Reduction Co.

Citations

• 27 Wash. 63
• 67 P. 391
• 1901 Wash. LEXIS 462

Syllabus

<p>CONVERSION-STANDING TIMBER-QUESTION EOB JURY.</p> <p>Where an action is brought for the conversion of standing timber, instead of the statutory action under Bal. Code, §§ 5656, 5657, providing for treble damages in case of wilful or malicious trespass, the question for the jury is not the mala fides of defendant, but whether the taking was wrongful.</p> <p>SAME-MEASURE OE DAMAGES.</p> <p>Where one continued to cut and appropriate standing timber for the period of a year after the expiration of a contract entitling him thereto, under the mistaken impression that he was the owner of the timber under his contract, he is an unintentional trespasser, and in an action against him for conversion the measure of damages is the value of the timber standing, when the land has not been injured and the timber had no special value other than for cord wood.</p> <p>SAME — INSTRUCTIONS.</p> <p>In an action for the conversion of standing timber, where the only evidence on plaintiff’s part of the actual amount taken was the testimony of the trespasser that he did not take to exceed 400 cords, it was not error for the court to instruct the jury that, if they found for plaintiff, they could not find for a greater amount than 400 cords.</p>