17 Pa. Super. 490 | Pa. Super. Ct. | 1901
In order to reach a proper conclusion in the present case, it will be well to keep prominently in mind the evident intent of the legislature and the dominant thought in the law which we are called upon to construe. From the time when, under the Levitical code, the Levites said “ Cursed be he that removeth his neighbor’s landmarks, and all the people said amen,” down to the present time, the boundaries of the habitations and possessions of men have been the object of the law’s jealous solicitude and care.
The 3d section of the Act of March 29, 1824, P. L. 152, provides: “That, in all cases where any person, after the first day of September, shall cut down or fell or employ any person or persons to cut down or fell any timber tree or trees growing upon the lands of another, without the consent of the owner thereof, he, she or they so offending shall be liable to pay to such owner double the value of such tree or trees so cut down or felled; or, in case of the conversion thereof to the use of such offender or offenders, treble the value thereof, to be recovered with costs of suit by action of trespass or trover, as the ease may be, and no prosecution -by indictment shall be any bar to such action.” The Act of May 8, 1876, P. L. 142, is evidently intended to protect the owners of lands in the enjoy
The only question presented for our consideration in this case is whether or not the provisions of the act of 1876, supra, apply to the digging, quarrying and carrying away of stone from an open quarry. The language of the act is: “ That, if any person or corporation shall mine or dig out any coal, iron or other minerals, knowing the same to be upon the lands of another person or corporation, without the consent of the owner, the person or corporation so offending shall be guilty of a misdemeanor, and being thereof convicted, shall be sentenced to pay such fine not exceeding $1,000 or to such imprisonment not exceeding one year as the court in their discretion may think proper to impose; and the person or corporation so offending shall be further liable to pay to such owner double the value of the said coal, iron or other materials so mined, dug out or removed, or in case of the conversion of the same to the use of such offender or offenders treble the value thereof, to be recovered with costs of suit by action of trespass or trover as the case may be, and no prosecution by indictment under this act shall be a bar to such action.” It is conceded that stone, of whatever character, is a mineral and that, although the act might appty to fire clay, which is a species of rock and dug from under the surface of the ground, it does not apply to building stone dug or carried away from an open quarry on the surface of the ground, and this, upon the ground, as argued by the appellants, “ that penal statutes are enacted to regulate the conduct of the bulk of humanity, not merely the actions of men of science. The words of such statutes are, therefore, to be interpreted in the sense in which the bulk of humanity could understand them.” And, as authority for this position, we are referred to Dunham et al. v. Kirkpatrick, 101 Pa. 36, and numerous cases of like character, in which the courts construed the terms of a grant
The testimony is not printed and we assume that the trespass was committed knowingly and that the defendants were liable, under the terms of the act, to the imposition of treble damages, as they were held to be by the trial judge in the court below. All the specifications of error relate to the one question. The case was carefully tried and reconsidered on an argument on the motion for a new trial. It does not appear that the liability, under the act of 1876, was denied at the trial.
Judgment affirmed.