35 Wis. 75 | Wis. | 1874
The only exception taken in this case was in respect to the rule of damages laid down by the circuit court. The action was for a trespass in cutting down and removing pine trees from the plaintiff’s land some three or four years before the suit was brought. It appeared that the value of stumpage, or of the trees cut, had increased since the trespass; and the question is as to the proper measure of damages in such cases. The circuit court directed the jury that the plaintiff was entitled to recover the highest market value of the stump-age at any time between the time the trees were cut and the commencement of the action; and that if the market value of stumpage had risen since the trees were cut, the plaintiff was entitled to recover that advanced value. The defendants contend that the damages recoverable are the value of the timber cut, or stumpage, at the time of the cutting, and the interest on that value to the time of trial.
The evidence showing under what circumstances the trespass was committed, is not before us. Therefore, whether the timber was cut through' some mistake on the part of the defendants as to the title or boundaries of the land, or intentionally or even wantonly, we do not know. The plaintiff, however, does not claim exemplary damages, nor does he claim to recover for any special injury to the realty resulting from the cutting of the timber. But as the stumpage, so called, aside from the soil on which it stands, has a marketable value which can be readily ascertained, he claims that he has the right to recover that value when it has increased since the timber was cut. Such
By the Court. — The judgment of the circuit court is affirmed.