Chipman v. Hibberd
CHIPMAN v. HIBBERD
- Area
- civil
- Panel
- William J. Murray, Jr. (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Murray
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
The Court erred in laying down the measure of damages. The true rule was not the actual value of the trees for firewood, 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 “ spe*163culative or fancied ideas” that the jury or plaintiff might have drawn of their worth.
Judgment reversed, and new trial ordered.
Cited by
- Rilovich v. Raymond Civ. S. C. 28 · 1937-04-30