Murdoch v. Biery

Citations

• 269 Pa. 577
• 112 A. 772
• 1921 Pa. LEXIS 615

Syllabus

<p>Timber — Unlawful cutting of timber — Treble damages — Statutes —Repeal—Acts of March 29, 1821¡., P. L. 152, and June 9,1911, P. L. 861.</p> <p>1. A subsequent statute revising the whole subject-matter of a former statute and evidently intended as a substitute for it, although it contains no express words to that effect, operates to repeal the former.</p> <p>2. The Act of March 29, 1824, P. L. 152, imposing treble damages for the cutting of timber on another’s land, is repealed by the Act of June 9, 1911, P. L. 861.</p> <p>8. The Act of 1824 subjected the trespasser to the penalty of double or treble damages regardless of blame on his part, while the Act of 1911 restricts the penalty to those cases where the trespass was wilful, negligent or malicious.</p> <p>4. To recover double or treble damages it is now necessary to aver and prove that the act was done either wilfully, negligently or maliciously.</p> <p>5. The measure of damages for the unlawful cutting of timber, is the market value at the place of conversion, where the timber has, at such a place, a market value.</p> <p>Evidence — Gross-examination—Incompetent facts.</p> <p>6. While a cross-examination is proper to test the knowledge and credibility of a witness, it'cannot be extended so as to get before the jury incompetent and prejudicial facts not referred to in the direct examination.</p>