SWEDOWSKI v. WESTGOR


14 Wis.2d 47 (1961)

SWEDOWSKI and wife, Respondents, v. WESTGOR and another, Copartners, Appellants.

Supreme Court of Wisconsin.

June 6, 1961.


Attorney(s) appearing for the Case

For the appellants there was a brief by Krueger & Fulmer of Wausau, and oral argument by William F. Krueger.

For the respondents there was a brief by Crooks & Crooks of Wausau, and oral argument by Patrick L. Crooks.


FAIRCHILD, J.

1. Wilfulness not essential to recovery of double damages under sec. 26.09, Stats. 1959. Sec. 26.09, Stats. 1959, provides:

"CIVIL LIABILITY FOR UNLAWFUL CUTTING. In addition to the penalties provided in secs. 26.04 and 26.05, any person unlawfully cutting forest products shall be liable to the owner or to the county holding a tax certificate, or to the commissioners of public lands holding a land-contract certificate

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