California Supreme Court, 1856

Chipman v. Hibberd

Chipman v. Hibberd
California Supreme Court · Decided July 1, 1856 · Murray
6 Cal. 162
Chipman v. Hibberd

Cases that cite this one

12 later published cases cite this decision.

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Opinion of the Court

The opinion of the Court was delivered by Mr. Chief Justice Murray.

Mr. Justice Terry concurred.

The Court erred in laying down the measure of damages. The true rule was not the actual value of the trees for firewood, but the damage done to the land by reason of destroying them. This damage should have been estimated by all the circumstances, and the purposes for which the trees were used or designed, and not according to the “ spe*163culative or fancied ideas” that the jury or plaintiff might have drawn of their worth.

Judgment reversed, and new trial ordered.

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