39 Wis. 456 | Wis. | 1876
Numerous reasons are given for a reversal of the judgment appealed from; hut the case is controlled by a few facts and principles, which can best be stated and applied without attempting to refer, in detail, to the alleged errors assigned for the apj>ellant.
The undisputed evidence given on the trial proved conclusively, that in the winter of 1871-2, one McCann cut a quantity of logs for the defendant on lands belonging to one Crowley, without any authority whatever; that the logs after-wards passed into the possession of the defendant; that in October, 1872, Crowley sold and conveyed the same logs to the plaintiffs, who duly demanded them of the defendant; that the latter refused to deliver them on such demand, or to pay for them; and that the value of. the logs, when this action was commenced, was greater than the amount of the judgment therefor recovered by the plaintiffs.
Under these circumstances, we think the court properly directed the jury to find for the plaintiffs; and if the jury were directed to assess the value of the logs and the damages at too high figures, the error was abundantly cured (unless an incorrect rule for ascertaining such value was applied) by the discount therefrom of ten per cent., and the rendition of judgment for the reduced sum only.
This brings us to inquire whether the proper rule was applied to ascertain the value of the logs. The court rejected
It follows from tbe foregoing views tbat tbe court properly rejected proof of tbe value of stumpage. It is understood tbat logs, like wheat and many other staples, have at all times a market value, which can readily be ascertained without resorting to proof of tbe cost of production. And it seems to be as unnecessary to show tbe value of stumpage in order to ascertain tbe value of logs, as it would be to show tbe cost of plowing tbe ground upon wdiieh it was grown in order to fix tbe market price of wheat.
But it is said tbat there is no sufficient proof tbat tbe logs seized by tbe sheriff are tbe identical logs cut by McCann upon Crowley’s land. It seems to be claimed by counsel for the
"We conclude, therefore, that it is entirely immaterial in the present case, whether the sheriff seized the logs described in the complaint or some other logs, on the provisional proceeding in that behalf. And it is also immaterial whether the defendant' intermingled the logs in controversy with others having the same mark upon them, as charged in the complaint. The gist of the action is the alleged unlawful taking and detention of the logs by the defendants, and such taking and detention are abundantly proved by undisputed evidence.
By the Oowrt. — The judgment of the circuit court is affirmed.