George H. Obrien Et Al v. Elizabeth D‪.‬

This is an action of tort for trespass to recover damages to real property for the wrongful cutting of trees and to recover treble damages under v. S. 47, 8403. The action was brought against six defendants. Trial was by jury. A verdict was directed for two of the defendants and a general verdict was returned by the jury against the other four defendants. A special verdict was returned answering in the negative the question,--if these four defendants had satisfied the jury by a fair balance of the evidence that in cutting such trees as they might find were cut upon the plaintiffs land, the defendants acted through mistake, or had good reason to believe the trees so cut were upon their own land. There was a judgment on the verdict for treble damages. The case comes here on exceptions of these four defendants to the denial of their motions for a directed verdict, to set aside the verdicts, for a judgment not withstanding the verdicts, to the charge and failure to charge. When the word "defendants" is hereinafter used it will refer to these four only.