Dunbar Furnace Co. v. Fairchild

Citations

• 121 Pa. 563
• 15 A. 656
• 1888 Pa. LEXIS 690

Syllabus

<p>1. To entitle a plaintiff to recover treble damages for timber trees cut and converted by the defendant, under § 3, act of March 29,1824, P. L. 283, it is necessary that the plaintiff declare specially with direct reference to the terms of the statute.</p> <p>2. If the pleadings of record prior to the verdict do not justify a larger finding than for single damages, the act of March 14. 1872, P. L. 25, allowing amendments of defects of form after verdict, is inapplicable to authorize a subsequent amendment of the narr, in order to bring the recovery within the act of 1824.</p> <p>8. If the plaintiffs, or some of them, in such an action, know of defendant’s cutting and removal of the timber and consent thereto, to be inferred from their acts or words, treble damages under said act are not recoverable.</p> <p>4. Where, in such an action, the bona fides of the defendant is fairly impeachable under his own evidence of title, it is not error to refuse to charge that if the defendant cut and removed the timber under a bona fide claim of right, there could not be a recovery of treble damages.</p> <p>5. If, in such an action, the amount of the verdict rendered include both damages and interest, it is error for the court to enter judgment for a sum treble the amount of the verdict as rendered, including the interest.</p>