Barnes

The action is to recover treble damages for a trespass ' committed on the plaintiff’s land, by cutting down a large number of trees growing thereon; and is founded on section two hundred and fifty-one of the former Practice Act, which provides, in substance, that if any person shall cut down, girdle or injure any tree or timber on the land of another, or on the street or highway in front of another’s house, village or city lot, or on the commons or public grounds of any city or town, or on the street in front thereof, “without lawful authority,” he shall be liable for treble the amount of damages which may be assessed therefor, in a civil action.

The complaint avers that the plaintiff owned the land, and that the defendants, “without leave of the plaintiff, wrongfully” entered and cut down and carried off the timber, whereby the plaintiff was damaged in a specified sum, “ contrary to the form, force and effect of section two hundred and fifty-one ” of the Practice Act, giving its title and date. There is no averment that the trespass was committed knowingly, willfully or maliciously. The answer denies that the plaintiff owned any of the land described in the complaint, except a…