Beekman v. Chalmers

Decided October 15, 1823

New York Supreme Court · decided 1823-10-15

E. Cowen, moved for treble damages and treble costs, in this cause. The action was trespass quare clausum fregitj and for cutting and carrying away the timber and wood of the plaintiff upon the premises. The declaration contained four counts. The first was in trespass, &c. and for cutting the timber and wood generally. The last was the same. The 2d and 3d were for entering the plaintiff’s close, and cutting and carrying away his timber and wood.

Decided 1823-10-15

Curia.

¶1It appears from the face of the counts upon which the verdict was rendered, that this cannot be one of the cases to which any of the exceptions in the statute apply. These are confined to trespasses on the lands of the state, or the commons of some city or tozm. The action, in the first case, must be brought in the name of the overseers of the poor ; in the second, in the name of the corporation, of the city, or trustees of the town, &c.

¶2 *586As to the other objection, the 2d and 3d counts, upoh tvhich the verdict Was taken, allege no other trespass than the cutting and carrying away the timber, atid refer expressly'to the statute. It was not competent, therefore, for the plaintiff to give evidence of any other trespass oí damage ; and the damages assessed by the jury must be the 'sjmgle-Dalue of the timber, and that only.

¶3Motion granted*