Pearce V. G. R. Kirk Co‪.‬

This is an action for treble damages, brought under RCW 64.12.030. The trial court found that the defendant willfully cut 426 trees on plaintiff's land. According to the findings, the plaintiff had planned to market these trees at retail and she had in fact sold at retail 57 of the 65 trees remaining on her land. The court found that, had the plaintiff been able to take the trees which were cut to market, she would have realized the sum of $3 per tree, less the cost of transportation to market and the costs of sale. The stumpage value, proven by the undisputed testimony of a witness for the defendant, was considerably less than this amount. The court awarded damages of $3,678.40, less the expenses which it found that the plaintiff would have incurred in the marketing of the trees. Judgment was given for treble the amount of damages.