WOODBURN v. CHAPMAN

No. 7773.

117 N.H. 906 (1977)

ERNEST S. WOODBURN v. ASA CHAPMAN

Supreme Court of New Hampshire.

October 31, 1977.


Attorney(s) appearing for the Case

Sanders & McDermott, of Hampton, and Mr. Wilfred L. Sanders, Jr. (Mr. Sanders orally), for the plaintiff.

Casassa, Mulherrin & Ryan, of Hampton, and Peter J. Saari (Mr. Saari orally), for the defendant.


PER CURIAM.

This case is before us for the second time. The original action was one in trespass to recover a penalty under RSA 539:1, which provides for the forfeiture of multiple damages against one who wilfully cuts down any tree standing on the land of another. After the original trial of this action, the Court (Cann, J.) gave judgment for the plaintiff. In assessing treble damages under the statute, the court used...

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