River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1873-04-25
Published March 81, 1881
CHAPTER 2Gs.

AN ACT to prescribe the measure Of damages in
certain actions for the wrongful cutting of tim
Der.
The people Of the state Of Wisconsin, represented in
senate and assembly, do enact as follows:
Section /. In all actions hereafter commenced in
any Of the courts Of this state to recover the possess
sion OF logs timber or lumber wrOngfully cut from
the lands Of the plaintiff, or to recover the value
thereof. or damages for such cutting if the plaintiff
shall succeed, he shall, I'M ess possession OF such
property be restored 20 him. recover as damages the
highest market value Of such logs, timber or lum-
Der. in whatever place. shape condition, manu-
featured or manufactured, the same may be be-
tween the time of such cutting and the time of
the trial of the action, and while it remained in the
possession Of the patty cutting the same or any
purchaser thereof with knowledge Of such wrongful
cutting: provided, that the defendant may, within
ten days after the service OF the complaint i'm such
action, serve upon the plaintiff an affidavit that
such cutting done by mistake, and tender of
Judgment q sum certain as being the full value Of
such logs, timber or lumber at the time the same
cut, with interest thereon from the time of such
cutting to the time Of such tender, and ten per
cent. upon the whole amount a. damages. together
with the cost Of such action 70 the time 81 such ten
der. in full satisfaction for such cutting II the
plaintiff shall accept such tender. Judgment for the
amount thereof may be entered against the defend
ant in favor OF the plaintiff by the clerk In vacation
upon filing the complaint. and such tender, tOueih
or with the plaintiffs acceptance Of the same If the
plaintiff shall refuse 20 accept such tender, he shall
notify the defendant thereof aud within twenty
DAYS from such tender serve traverse OF the ale
CATIONS Of such affidavit that such cutting was by
mistake. Upon the tfial ~ such action such tray-
erse shall be tried separately. with the other is
in the action, the court shall direct and for
that purpose the court may order the jury 10 find
special verdict. II Il shall be found upon the trial
that the amount of the sum certain for which iudg
ment was so rendered, was equal 90 the value OF
such logs, timber or lumber when so cut. and that
the cutting py mistake, judgment shall he en-.
tered for the plaintiff for the amornt Of such tender
against the defendant less the cost OF such action
since the date OF such tender 20 be tax in igvor
OF the defendant II the jury ind that such cutting
was 10y mistake, but that the value ~ such logs,
timber or lumber was greater than the amount 80
rendered, then Judgment shan be entered in favor
~ the plaintiff for the amount SO found, with ten
per cent. damages and costs 90 such action. II such
ac ion shall ~ against several defendants not alike
liable, either or any ~ such defendants may serve
Ia such a der and suh'cQucut Gpfausp, and there
upon ne several proceedings aud iss;,s shall bc
had. tried aud disposed OF separately IN iho manner
hpreiuheiore provided.
Sec 2. Ilis gcl shall take cffeG. and be IN force
from aud after its passage.
Approved March ~. 1873.