Opinion
Appeal from the District Court of the Fourth Judicial District.
Action for damages for cutting down growing trees. The opinion of the Court discloses the error upon which the judgment of the Court below is reversed.
COUNSEL
E. W. F. Sloan, for Appellant.
Chas. H. S. Williams, for Respondent.
JUDGES: The opinion of the Court was delivered by Mr. Chief Justice Murray. Mr. Justice Terry concurred.
OPINION
MURRAY, Judge
The Court erred in laying down the measure of damages. The true rule was not the actual value of the trees for fire-wood, but the damage done to the land by reason of destroying them. This damage should have been estimated by all the circumstances, and the purposes for which the trees were used or designed, and not according to the " speculative or fancied ideas" that the jury or plaintiff might have drawn of their worth.
Judgment reversed, and new trial ordered.