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>
Judges: Mount
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6 cases in this archive cite this case.
- Kitsap County v. Allstate InsuranceWashington Supreme Court· 1998-10-01· cited 186×
- Kitsap County v. Allstate Ins. Co.Washington Supreme Court· 1998-10-01· cited 180×
- Grays Harbor County v. Bay City Lumber Co.Washington Supreme Court· 1955-11-22· cited 45×
- de la Pole v. LindleyWashington Supreme Court· 1924-11-20· cited 12×
- Trustees of Dartmouth College v. International Paper Co.U.S. Circuit Court for the District of New Hampshire· 1904-08-05· cited 12×
- Gunstone v. Chicago, Milwaukee & Puget Sound Railway Co.Washington Supreme Court· 1914-05-16· cited 7×
Cites
8 cases in this archive are cited by this case.
- Wooden-Ware Co. v. United StatesSupreme Court· 1882-12-18· cited 191×
- Ward v. Carson River Wood Co.Nevada Supreme Court· 1878-01-15· cited 19×
- Bailey v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court· 1893-02-08· cited 17×
- Cushing v. LongfellowSupreme Judicial Court of Maine· 1846-07-15· cited 15×
- Beede v. LampreySupreme Court of New Hampshire· 1888-06-05· cited 12×
- Carroll v. MoreWisconsin Supreme Court· 1872-06-15· cited 9×
- Tilden v. JohnsonSupreme Court of Vermont· 1880-02-15· cited 7×
- Ayres v. HubbardMichigan Supreme Court· 1885-06-10· cited 6×
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