Boswell v. Roy O. Martin Lumber Co., Inc.
Decision Date | 09 October 1978 |
Docket Number | No. 61921,61921 |
Citation | 363 So.2d 506 |
Parties | Clifford BOSWELL v. ROY O. MARTIN LUMBER CO., INC. |
Court | Louisiana Supreme Court |
Roy B. Tuck, Jr., Leesville, for plaintiff-applicant.
Charles S. Weems, III, Gold, Little, Simon, Weems & Bruser, Alexandria, for defendant-respondent.
This litigation involves damages for timber trespass.
Boswell, the plaintiff, sold Martin Lumber Company all hardwood, cypress, and pine trees eight inches and larger in diameter on his fifty-acre tract. During the term of the timber deed, the defendant injected thousands of trees ranging from two to twenty-two inches in diameter with a herbicide, killing them. The plaintiff sued, alleging trespass and praying for damages for loss of timber, for destruction of usefulness of land as a wildlife habitat, and for humiliation, mental anguish, aggravation, and embarrassment.
The district court awarded the plaintiff $5,000 for general damages. In assessing this award, it considered "the amount of acres involved, the denuded condition of the land, the effect this situation has on a sole proprietor who is obviously over fifty years of age." The defendant appealed. The Court of Appeal reduced the award to $500, a "fair and adequate amount." La.App., 355 So.2d 33 (1978). We granted plaintiff's application to review this judgment. La., 357 So.2d 1154 (1978).
Louisiana Civil Code Article 1934(3) provides in pertinent part:
"In the assessment of damages . . . in cases of offenses, quasi offenses, and quasi contracts, much discretion must be left to the judge or jury . . . ."
In Anderson v. Welding Testing Laboratory, Inc., La., 304 So.2d 351 (1974), we set forth the applicable principles as follows:
See also Miller v. Thomas, 258 La. 285, 246 So.2d 16 (1971).
In the present case, without the consent or knowledge of the plaintiff, defendant's employees injected 6,220 trees with herbicide. 1 Those less than eight inches at the stump numbered approximately 5,000 and were not subject to the timber deed. Virtually all trees on plaintiff's land less than eight inches in diameter were killed. (Trees injected included white oak, red oak, black gum, sweet gum, maple,...
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