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Cited by

Opinions in Louisiana that cite Kennedy v. Perry Timber Co., 52 So. 2d 847.

37 citing documents.

  • McConnico v. Red Oak Timber Co. 847 So. 2d 191 La. Ct. App. 2d Cir. 2003
  • Jones v. Don Edwards Timber Co., Inc. 516 So. 2d 1256 La. Ct. App. 2d Cir. 1987
  • Versai Management, Inc. v. Monticello Forest Products Corp. 479 So. 2d 477 La. Ct. App. 1st Cir. 1985
    art. 2315; , (1951); (La.App.
  • Morgan v. Fuller 441 So. 2d 290 La. Ct. App. 2d Cir. 1983
  • Boswell v. Roy O. Martin Lumber Co. 355 So. 2d 33 La. Ct. App. 1st Cir. 1978
    He stated in his reasons for judgment that “actual damages are not limited to the pecuniary loss sustained,” and that he “took into consideration the amount of acres involved, the denuded condition of the land, the effect this situation has on a sole proprietor who is obviously over 50 years of age.” , (1951), the Louisiana Supreme Court stated: “The measure of damages allowable for the unlawful cutting of timber is well settled in this State.
  • McGee v. SECO Timber Co. 350 So. 2d 1265 La. Ct. App. 3d Cir. 1977
    the court set forth the criterion to be applied: "The measure of damages allowable for the unlawful cutting of timber is well settled in this State.
  • Conques v. Coleman 315 So. 2d 805 La. Ct. App. 3d Cir. 1975
    398 , (1960); , (1951); (La.App.
  • Terral v. Riley 293 So. 2d 912 La. Ct. App. 1st Cir. 1974
    As pointed out in the written opinion of the trial judge, , (1951), as follows : “ .
  • State v. Placid Oil Company 274 So. 2d 402 La. Ct. App. 1st Cir. 1973
    2nd Cir. 1949); , (1951); Roy O. Martin Lumber Company v. St.
  • Cookmeyer v. Cookmeyer 274 So. 2d 739 La. Ct. App. 4th Cir. 1973
    111 , ; , ; McCann v. Todd, 203 La.
  • Succession of Lambright v. Lambright 252 So. 2d 349 La. Ct. App. 1st Cir. 1971
    Bartholomew v. Impastato, La.App., 12 So.
  • Estate of Boyett v. L. L. Brewton Lumber Co. 223 So. 2d 495 La. Ct. App. 1st Cir. 1969
    (1951), the Louisiana Supreme Court prescribed the method of assessing damages for the unlawful cutting of timber as follows: “The measure of damages allowable for the unlawful cutting of timber is well settled in this State.
  • Knoll v. Delta Development Company 218 So. 2d 109 La. Ct. App. 3d Cir. 1969
    (1951); Terry v. Butler, 240 La.
  • Joseph v. Tri Parish Flying Service, Inc. 201 So. 2d 321 La. Ct. App. 1st Cir. 1967
    2nd Cir. 1949) ; , (1951); Roy O. Martin Lumber Company v. St.
  • Gray v. State, Through Department of Highways 191 So. 2d 802 La. Ct. App. 3d Cir. 1967
    2d 190 ; , ; Coastal Transmission Corp. v. Lejeune, La.App.
  • Champagne v. Southern Farm Bureau Cas. Ins. Co. 170 So. 2d 226 La. Ct. App. 4th Cir. 1965
    Guarantee Trust & Safe Deposit Co. v. Drew Inv.
  • Shell v. Greer 171 So. 2d 669 La. Ct. App. 1st Cir. 1965
    Such is made clear in the following cases: Kennedy v. Perry Timber Co. (1951), , ; Terry v. Butler (1960), 240 La.
  • Dunnington v. Magee 152 So. 2d 391 La. Ct. App. 1st Cir. 1963
    See Kennedy v. Perry Timber Co., et al., , .
  • Coastal Transmission Corporation v. Lejeune 148 So. 2d 111 La. Ct. App. 3d Cir. 1962
    : (1) If the trespass has been reckless and willful, the trespasser is said to be guilty of moral bad faith and is liable for the manufactured value of the timber, without deduction for costs and expenses of manufacture.
  • Longlois v. Ackel 146 So. 2d 289 La. Ct. App. 1st Cir. 1962
  • Terry v. Butler 123 So. 2d 865 La. 1960
    Thus, , (primarily relied on by plaintiffs), this court said: “The measure of damages allowable for the unlawful cutting of timber is well settled in this State.
  • Williamson v. Roberts 103 So. 2d 499 La. Ct. App. 2d Cir. 1958
    780 ; Kennedy v. Perry Timber Company, 1951, , , and Posey v. Fargo, 1937, 187 La.
  • Spiers v. Davidson 96 So. 2d 502 La. 1957
    79 , ; , ; Ane v. Ane, 225 La.
  • Dendinger Inc. in Liquidation v. Thompson & Thompson Forest Products 94 So. 2d 62 La. Ct. App. 1st Cir. 1957
    at page 851 (Italics and footnotes ours) : “The measure of damages allowable for the unlawful cutting of timber is well settled in this State.
  • Motichek v. Perriloux 93 So. 2d 190 La. 1957
  • Kline v. Dawson 89 So. 2d 385 La. 1956
    This was procedurally incorrect (see Bartholomew v. Impastato, La.App., ; , and Roy O. Martin Lumber Co. v. Saint Denis Securities Co., 225 La.
  • Oliver v. Shreveport Municipal Fire & Police Civil Service Board 88 So. 2d 405 La. Ct. App. 1st Cir. 1956
  • Illinois Central Railroad v. Pope Construction Co. 90 So. 2d 139 La. Ct. App. 1st Cir. 1956
    and Daily States Publishing Co. v. Uhalt, 169 La.
  • Liquefied Petroleum Gas Commission v. E. R. Kiper Gas Corp. 86 So. 2d 518 La. 1956
  • Swinney v. Jones 79 So. 2d 104 La. Ct. App. 1st Cir. 1955
  • Ane v. Ane 72 So. 2d 485 La. 1954
    The exception, as has been observed by this court, “addresses itself to the sufficiency in law of the petition and is triable on the face of the papers.” , .
  • Havard v. Luttrell 68 So. 2d 798 La. Ct. App. 1st Cir. 1953
  • Timmons v. Lakeside Lumber Co. 68 So. 2d 796 La. Ct. App. 1st Cir. 1953
    Even a trespasser may be in good faith if he believes and has good reason to believe that he is authorized to cut and remove timber, , , 851: “And in cases where the trespasser is in good faith, that is, where he believes that the timber belongs to him and there is no valid reason for him to suppose otherwise, he is liable only for its stumpage value.” Under our finding of facts we conclude that defendant Lakeside Lumber 'Company was i
  • Harding v. Wattigney 62 So. 2d 190 La. Ct. App. 1st Cir. 1952
    and Daily States Publishing Co., Ltd. v. Uhalt, 169 La.
  • Quatre Parish Co. v. Beauregard Parish School Board 57 So. 2d 197 La. 1952
  • Blanchard v. Norman-Breaux Lumber Co. 57 So. 2d 211 La. 1952
    wherein it was held that where the trespasser believes himself to be the owner, but should have known from information available to him or ascertainable facts which would have placed a reasonably prudent man on notice, he is held to be in legal bad faith and not moral bad faith.
  • Blanchard v. Norman-Breaux Lumber Co. 57 So. 2d 211 La. 1952
    > , , wherein it was held that where the trespasser believes himself to be the owner, but should have known from information available to him or ascertainable facts which would have placed a reasonably prudent man on notice, he is held to be in legal bad faith and not moral bad faith.