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LINDROTH v. WINDBIGLER

Docket No. 22102.

232 Cal.App.2d 844 (1965)

43 Cal. Rptr. 355

SIGNAR LINDROTH et al., Plaintiffs and Respondents, v. KARL WINDBIGLER et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Two.

March 15, 1965.

Attorney(s) appearing for the Case

McKittrick, Marks & Pazos and James R. McKittrick for Defendants and Appellants.

Huber & Goodwin and Norman C. Cissna for Plaintiffs and Respondents.

AGEE, J.

Defendants cut and removed timber valued at $4,515 from plaintiffs' land without permission. They appeal from that portion of the judgment which awards double this amount as damages.

Under section 3346 of the Civil Code, if such a trespass is wilful and malicious,1 "the measure of damages is three times such sum as would compensate for the actual detriment, except that where the trespass was casual or involuntary,<...

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