Olson v. McLaughlin

Citations

• 64 Pa. Super. 354
• 1916 Pa. Super. LEXIS 304

Syllabus

<p>Trespass—Unlawful cutting of timber—Treble damages—Title— Possession—Evidence—Act of March 29, 1821¡., P. L. 152—Ratifi-cation of tort.</p> <p>Where a husband and wife, tenants by entireties, bring an action of trespass quare clausum fregit to recover treble damages for the unlawful cutting of trees as provided by the Act of March 29, 1824, P. L. 152, they may establish their ownership and possession of the land on which the timber was cut, by showing a deed to themselves made about ten-years prior to the injury complained of, coupled with some evidence as to the history of title for twenty-five or thirty years; that the property from which the timber had been cut was originally a part of a piece of land that was cultivated; that plaintiffs had on several occasions cut timber, and had paid the taxes on the property from the time they bought it; and that the lines of the land were well defined by a survey from those of the defendant’s property.</p> <p>An action may be brought to recover treble damages for the unlawful cutting of timber on the plaintiff’s land, although it appears that the actual cutting had been done by an independent contractor of the defendant’s-without the latter’s knowledge or direction, if it also appears that after the cutting had been done, the defendants learned of it, and notwithstanding this knowledge, removed it to their mill and converted it to their own use'. <</p> <p>An action of trespass quare clausum fregit under the Act of March 24, 1824, P. L. 152, to recover treble damages for the unlawful cutting of timber is broad enough to include a common law action; and if the plaintiffs in such an action fail to establish their pase for treble damages, they may, if the facts warrant, recover single damages for compensatioii. *</p> <p>The Act of March 29, 1824, P. L. 152, creates two offenses (1) cutting down and felling timber, and (2) conversion to the offender’s own use. Both may be joined in an action of trespass, and treble damages may