
    ABNER C. SKINNER, Respondent, v. WALLACE W. WHEELER, Appellant.
    
      Trespasser — liability of.
    
    This action was brought to recover damages for certain timber and bark, cut and removed by defendant from land of the plaintiff. After the timber and bark had been cut and piled, a portion of it was removed by the defendant, and the remainder was accidentally destroyed by fire. The court charged that the plaintiff was entitled to recover the value of the timber and bark that had been cut down, except the portion destroyed by fire. Held, that the charge was correct. A trespasser from carelessness, and not from malice, is a wrong doer, and he is liable for the value of trees cut and destroyed by him.
    
    
      Qumre whether the defendant was not also liable for timber and bark which was burned.
    Appeal from an order denying a motion for a new trial.
    
      T. F. Bush, for the appellant.
    
      W. J. Groo, for the respondent.
    
      
       Whitbeck v. N. Y. C. R. R. Co., 36 Barb., 644; Sedg. on Dam., 630..
    
   Opinion by Boardman, J.

Present—Miller, P. J., Boardman and Bockes, JJ.

Order affirmed, with costs.  