Bowie v. Landry

This case is before this court upon plaintiff's motion for a new trial addressed to this court. The plaintiff brought the original action in the Superior Court for the County of Androscoggin, the same being an action of trespass containing two counts against the defendant for the alleged cutting of 44,284 feet of standing timber contained in 313 trees and the removal thereof from land which plaintiff claims. At the time of the trial the parties thereto lived or claimed property on the Pownal Road in the city of Auburn, said properties being adjacent to each other, and the property of the defendant lying next northerly to the premises of the plaintiff. There was no dispute in the testimony that the defendant did in fact cut and remove from the area in question certain standing trees. The mainly disputed question was upon whose land the trees were cut, whether the plaintiff's or the defendant's, and the number of board feet contained in the trees and the value thereof.