McLaughlin v. Lowman

[This opinion has been published in Ohio Official Reports at 

.]




  MCLAUGHLIN ET AL., APPELLANTS, V. LOWMAN, D.B.A. LOWMAN LUMBER,
                         APPELLEE AND CROSS-APPELLANT.
                 [Cite as McLaughlin v. Lowman, 

.]
Torts—Unauthorized removal of timber from private property—Criminal
        conviction is not a prerequisite to the imposition of civil liability for treble
        damages under R.C. 901.51.
   (No. 97-1239—Submitted October 7, 1997—Decided November 19, 1997.)
   APPEAL and CROSS-APPEAL from the Court of Appeals for Pike County, No.
                                        96 CA 572.
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        Wilson Law Office and Charles H. Wilson, Jr., for appellants.
        Phillips & Street and David M. Phillips; and Randy D. Deering, for appellee
and cross-appellant.
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        {¶ 1} The discretionary appeal is allowed.
        {¶ 2} The judgment of the court of appeals is reversed, and the cause is
remanded to the trial court for further proceedings consistent with Wooten v.
Knisley (1997), 

, 

.
        {¶ 3} The discretionary cross-appeal is denied.
        MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.
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