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EARL v. FORDICE

No. 9029.

374 P.2d 713 (1962)

Oliver EARL, Plaintiff-Appellant, v. Harold FORDICE, Calvin A. Lang, Oscar Carpenter and Oscar Carpenter Lumber Co., an Idaho corporation, Defendants-Respondents.

Supreme Court of Idaho.

September 20, 1962.

Attorney(s) appearing for the Case

Cox, Ware, Stellmon & O'Connell, Lewiston, for appellant.

Blake & Givens, Lewiston, for respondents Harold Fordice and Calvin A. Lang.

Thomas Madden, Lewiston, for respondents Oscar Carpenter and Oscar Carpenter Lumber Co.

McFADDEN, Justice.

Plaintiff brought this action under the provisions of I. C. § 6-202 to recover treble damages for the cutting of timber on his property, claimed to have been done by defendants.

The applicable parts of I.C. § 6-202 reads:

"Any person who cuts down or carries off any wood * * * tree, or timber, or girdles, or otherwise injures any tree or timber on the land of another person, ...

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