LEE v. GIDLEY

7 Div. 999.

40 So.2d 80 (1949)

LEE v. GIDLEY et al.

Supreme Court of Alabama.

April 14, 1949.


Attorney(s) appearing for the Case

Hawkins, & Copeland, of Gadsden, for appellant.

L. B. Rainey and Roy D. McCord, both of Gadsden, for appellees.


SIMPSON, Justice.

The plaintiff recovered of the defendant $500 damages on Count 3 of the complaint charging trespass to land and cutting timber. Counts 1 and 2 were in debt to recover the statutory penalty for cutting the timber (Code 1940, Title 47, § 272) but the jury made no return on these counts, so we consider only Count 3.

The proper measure of damages for a recovery under Count 3 (for trespass quare clausum fregit) is the difference in the value...

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