New York Supreme Court February 15, 1888 (Kent v. Warner)

Parker, J.:

The plaintiff sought in this action to recover of the defendants in trespass, for cutting and removing logs and wood from lands which they claimed to own. The defendants upon the trial did not claim to have either title to the lands or a license to do the acts complained of, and from the undisputed’ evidence he was, in that which he did, a tort feasor.