72 Wis. 480 | Wis. | 1888
This action is brought to recover the highest market price, of $6 per thousand feet, for cutting and removing 600,000 feet of pine timber and logs from a tract of land then belonging to the state and since purchased by the plaintiff. The defendants are charged with having committed such trespasses since January 1,1880. The defendant Champagne admits, in his answer, that he cut and removed from said land 400,000 feet of pine logs in the winter of 1877 and 1878, and denies that he has done any such cutting within the period of six years before the commencement of this action, and denies the other allegations of the complaint. The defendant Woodloch, by answer, denies having cut or removed any pine timber or logs from said land. The important question on the trial was whether the defendants did any such cutting, and if so how much, within the period of limitation of such an action. The jury rendered a verdict against said defendants of $1,510.09. The defendants thereupon moved the court to set aside the verdict, and for a new trial, on the grounds that the verdict is contrary to law and evidence, that the damages are excessive, that errors were committed in admitting and rejecting testimony, that the defendants were taken by surprise, and that they .are now able to procure newly discovered evidence. The motion was based on the minutes of the court, the reporter’s minutes of the testimony, and upon several affidavits. The motion for a new trial was granted, but upon what grounds we are not informed by the record.
The granting of a new trial by the trial court is very
By the Court.— The order of the circuit court is affirmed, and the cause remanded for further proceedings according to law.