Shields v. Doty Lumber & Shingle Co.

Citations

• 48 Wash. 679
• 94 P. 644
• 1908 Wash. LEXIS 943

Syllabus

<p>Loas and Logging — Booms—Damages—Trial—Verdict. In an action for the conversion of logs cut into lumber by defendant, and for damages from obstructing a stream with a boom, whereby a portion of plaintiff’s logs not cut up were lost to the plaintiff, it is immaterial whether the logs were wrongfully cut up or were lost by the wrongful acts of the defendant; hence a verdict for the plaintiff for the total damages by reason of logs lost and converted is not excessive, although the proof did not show what amount was cut up and converted.</p> <p>Trover and Conversion — Defenses—Permission to Cut Logs— Instructions. In an action for the wrongful conversion of logs, it is harmless error to instruct that the burden of proof was upon the defendant to show that logs, admittedly taken and cut, were cut by permission of the plaintiff, where the defendant did not claim to have paid for them, and their value was undisputed.</p> <p>Same — Meastjee oe Damages. The measure of damages for logs converted or lost by the ■wrongful acts of the defendant is the value of the logs.</p>