CLARK v. SHERRIFF

No. 48877.

74 N.W.2d 569 (1956)

C. R. CLARK, Appellee, v. P. B. SHERRIFF, James L. Van Hook, Robert D. Batey, Defendants, Pierson Hollowell Company, Inc., Appellant.

Supreme Court of Iowa.

February 7, 1956.


Attorney(s) appearing for the Case

Hall & Ewalt, Indianola, for Pierson Hollowell Co., Inc., appellant.

Watson & Herrick, Indianola, for C. R. Clark, appellee.

Cosson, Stevens, Hauge & Cosson, Des Moines, for P. B. Sherriff, appellee.

Mason G. Ouderkirk, Indianola, for James L. Van Hook, and Robert D. Batey, appellees.


SMITH, Justice.

Iowa Code section 658.4, so far as pertinent here, provides: "For willfully injuring any timber, tree, or shrub on the land of another * * * the perpetrator shall pay treble damages at the suit of any person entitled to protect or enjoy the property."

Plaintiff, a resident of Fort Des Moines, Iowa, owns 44 acres of land in Warren County, Iowa, viz.: a 20 acre piece (S½ SW SW of Section 1, 77 N., range 24W); and 24 acres in the southeast...

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