Phillips v. Stroup
This text of 17 A. 220 (Phillips v. Stroup) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This caséis free from error. The only question we think it necessary to refer to is the measure of damages. The defendant asked the court to instruct the jury that the measure of damages was the value of the bark on the trees. This the court declined, and charged that, if the plaintiff was entitled to recover, she was entitled to recover the balance of the bark at the time and place where replevied. This was entirely accurate. It is not disputed that the cutting of the trees was a trespass, and was done with notice that they belonged to the plaintiff, at least that she claimed title to them. Under such circumstances, there is nothing to take the case out of the general rule in actions of tort as to the measure of damages, and it would have been clear error to limit them to the value of the bark on the trees.
Judgment affirmed.
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Cite This Page — Counsel Stack
17 A. 220, 1 Monag. 517, 1889 Pa. LEXIS 1333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-stroup-pa-1889.