BOSWELL v. ROY O. MARTIN LUMBER CO., INC.

No. 6197.

355 So.2d 33 (1978)

Clifford BOSWELL, Plaintiff-Appellee, v. ROY O. MARTIN LUMBER COMPANY, INC., Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied March 1, 1978.


Attorney(s) appearing for the Case

Gold, Little, Simon, Weems & Bruser by Charles S. Weems, III, Alexandria, for defendant-appellant.

Roy B. Tuck, Jr., Leesville, for plaintiffappellee.

Before HOOD, CULPEPPER and FORET, JJ.


HOOD, Judge.

Clifford Boswell claims damages allegedly sustained by him when defendant, Roy O. Martin Lumber Company, Inc., deadened some trees on Boswell's property. The trial court rendered judgment for plaintiff. Defendant appealed.

The issues are (1) whether the timber deed which plaintiff executed in favor of defendant authorized the latter to deaden trees less than eight inches in diameter on plaintiff's land; and (2) whether the award of damages made...

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