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Logs

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

The stems or trunks of trees cut Into convenient lengths for the purpose of being afterwards manufactured into lumber of various kinds.

Kollock v. Parcher, 62 Wis. 398, 9 N. W. 67.

When logs are driven in a navigable stream in an ordinarily skillful and prudent manner, the owner is not liable for damages sustained by a riparian owner; Field v. Log Driving Co., 67 Wis. 569, 31 N. W. 17. Such logs floating down a stream may be moored to the shore for a reasonable length of time for the purpose of making them into rafts, or for breaking up the rafts, or to enable the owner to sell them; Hayward V. Knapp, 23 Minn. 430.

— But they may not be so stored as to prevent another from entering with a drive of logs from- a tributary; Mc Pheters v. Log Driving Co., 78 Me. 329, 5 Atl. 270; nor may they be run upon adjacent lands or cause water to overflow, to the Injury of the riparian proprietor; Haines v. Welch, 14 Or. 319, 12 Pac. 502; Lllley V. Fletcher, 81 Ala. 234, 1 South. 273;

— or obstruct a landing place on a navigable river; French v. Lumlier Co., 145 Mass. 261, 14 N. E. 113; and wdiere a boom obstructs navigation or interferes with the use of a dock built in aid of navigation it is a nuisance; Union Mill Co. v. Shores, 66 Wis. 476, 29 N. W. 243.

A state may require all logs running out of a boom to be inspected and scaled; Lindsay & Phelps Co. v. Mullen, 176 U. S. 126, 20 Sup. Ct. 325, 44 L. Ed. 400. Boom companies are not insurers of the logs collected by their booms, nor are they liable for logs which escape by Inevitable accident; Brown v. Boom Co., 109 Pa. 57, 1 Atl. 156, 58 Am. Rep. 708; except where they fail to exercise due care; Holway v. Machias Boom, 90 Me. 125, 37 Atl. 882. Where logs drift from a raft broken by a storm without fault of the owner, he is not obliged to re-capture and remove them, when by so doing he must resort to extraordinary methods and unreasonable expense, in order to escape liability caused by a subsequent storm, although he has not abandoned them; New Orleans & N. B. R. Co. v. Mc Ewen & Murray, 49 La. Ann. 1184, 22 South. 675, 38