Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-03-17
TREBLING DAMAGES.
Supreme Court Decision In Case Of
ECCleS VS. U. ?. Coal Co.
JUSTICE BARTCH DiSSENTS.
4 Case Involving The sum Of S1o,O 8
Removed TO he United Sates
,iIcuil Court.

The Supreme court banded down
an opinion today in the csse OF John
II. Eocles vs. tue Union Pacific Coal
company, remaining 1t back 10 the
court below, with directions to modify
the judgment by trebliug tho damages
found by the iuTy. The opiuioB 10
written by Justice IN ner and o1n-
CURED in by Chief Justice Zane. Jus
tice Bartoh filel dissenting opinion,
holding that no case was presented in
which treble damages ought to lie
allowed.
The history Of the case Is as follows:
In August, 1901, Eccles maize settle.
Inent under the homestead Law OF the
United States upon a part OF unoecu-
pied land situated at that time in
Emery county, now IN Carbon county.
rhiriy.five acres OF this land the coal
compaAy prevented plal milf from oc.
cupying. 10 September, 1893, Eccies
brought SUIT in tue First district court
against the defendant, alleging un-
lawful and forcibls entry anu forcibie
detainer, claiming $1,000 damages.
judgment was rendered ior plaihtih
aOd a was 0fnlly satisfied by the
defendant paying damages anu costs.
The company, however, continued In
possession OF Inc lanu and refused to
vacate until February, 1885, w,en
possession was given plaintiff.
Another action was brought by
Eccles ssaiust the company, under
sections g. 1877 and 8. sol Compiled Laws
Of 1883, to recover damages for forcible
and unlawful detention OF the lands,
subsequent to the Judgment anu for
ire bic llama gee as provided for by
statute.
On the trial the jury rendered o
verdict In favor of the plaintiff, az
sesslDg his damages at $500. Plaintiffs
counsel made motion that the court
Instruct this jury to treble the damages
and that judgment for plaintiff be en-
tered In the SUN OF 50. 400 anu costs.
The court declined to entertain the
| motion. This deciina.ion 10 the only
error assigned and TO which plaintiff
took an exception. The defendant, a.
| in the first instance, did not appeal
| from the verdict and judgment OF the
jury, but asks the Supreme court to
Affirm tho Judgment without trehling
the amount of damages.
The opinion reau': 1.-THE record
shows that all the Issues contained In
the pleading were found by the jury
| In favor OF the plaintiff aud against
| the defendant for the unlawful and
wrongful deiainer OF the premises in
| question. As the case Is presented we
are Of the opinion that tue court below
should have trebled the damages found
by the jury and rendered judgment
accordingly.
"This action was properly brought
under section 1857 which deals with
the subject OF rorcible entry and de-
tainer and We see no valid reason why
The damages found for forcible detainei
should not be tIeD!ed by the court a.
provided by tho act. Under iht
authorities there seems TO be no escape
from this result"
Justice BIrtch in defsenting Gays
al descent because, In my Judgment
no case 10 here presented in which
treble damages ought TO be allowed.
"To reverse the action OF the lower
court anu treble the damages undel
the pleadings AMI record OF this case
requires n more liberal construction OIL
The statutes than appears to b,
warranted by the authorized"