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ZELAZO v. TREMBLAY

1983 Mass. App. Div. 335 (1983)

Edward S. Zelazo vs. Ann V. Tremblay and others

Massachusetts Appellate Division, Western District.

November 17, 1983.

Attorney(s) appearing for the Case

Edward S. Zelazo pro se.

Neil C. Giroux for defendant Anne V. Tremblay.

Patrick E. Rondeau for defendant James Poplaski.

Andrew T. Campoli for third-party defendant New Hampshire Insurance Company.

Present: Walsh, P.J., McGuane & Lenhoff, JJ.

Walsh, P.J.

This is an appeal from the finding of a trial judge which awarded single damages after the defendants, without permission, cut down timber on the plaintiff's property. As well as suing in ordinary trespass, the plaintiff also had a count under G.L.c. 242, § 7 which section reads as follows:

A person who without license wilfully cuts down, carries away, girdles or otherwise destroys trees, timber, wood or underwood on the land of another shall...

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