STATUTORY REGULATION 221 



order to drive his own, shall be entitled to a reasonable com- 

 pensation for his expenditures. 1 These statutes are also 

 sustained by the courts. 2 This right to compensation 

 may include even a proportional share of the cost of artificial 

 means 3 and applies to various floatable timber products. 4 

 The fact that it has been customary not to require contribu- 

 tion for services thus rendered has been held not to affect 

 the liability 5 and the statutes have been applied where the 

 logs were intermingled by agreement. 6 Compensation will 

 not be enforced for the driving of logs that did not interfere 

 with the plaintiff's drive, 7 nor can recovery be had if the 

 intermingling was due to the fault of the plaintiff. 8 If 

 parties cooperate in the driving of logs, each will be entitled 

 to compensation for any service rendered beyond the amount 

 required to drive his own logs, provided such service was 

 necessarily rendered and there was not a contract releasing 



1. Ala. Cf. Code of 1907, sec. 4818-21 (Act. Feb. 18, 1895, p. 992) boomage. 

 Ark. Digest of Statutes, 1904 Kirby, Sec. 4089 (Act Mar. 17, 1883) Sec. 6526 



to boom companies. 



Ga. Cf. Annotated Statutes, 1914, Park, sec. 1838, boomage. 

 Idaho Rev. Codes 1908, sec. 1504. 

 Iowa Code 1897, sec. 4402-4415 (General lien). 

 Me. Rev. St. 1903, p. 423, sec. 6 of Ch. 43. 

 Mich. Annotated Stat. 1914, Howell, p. 4137-43, 7378-80, 7397-98, 7481, 



7509, 13843-13858. 



Minn. Gen'l Stat. 1913. Tiffany, Sec. 7069. 



Miss. Code of 1906, Sec. 4973-4974. Code 1902, Sec. 4408-4409. 

 Mo. Annotated Stat., 1906, Sec. 1496; Rev. Stat. 1909 Sec. 5449. 

 Mont. Revised Codes, 1907, Sec. 5816-5818 (Acts Mar. 7, 1895), 

 Nev. Gen'l St. 1885 sec. 1065. (from Act Mar. 3, 1866). 

 N. M. Annotated Stat. 1915, sec. 3373. 

 Ore. Laws of 1910, Lord, sec. 7461-7476. 

 Vt. Public Stat. 1906, Sec. 2654-2656. 

 Wash. Codes & Stat 1910, Rem. & Bal., see, 7123, to boom companions, sec. 



1162, general. 



Wis. Stat. of 1913, sec. 1740. See act Mar. 5, 1869, Laws 1869 p. 76 Ch. 80. 

 2. Olive v. State, 86 Ala. 88, 5 So. 653, 4 L. R. A. 33; Sullivan v. Spotswood, 82 



Ala. 163, 2 So. 716; 



Crane Lbr. Co. v. Bellows, 117 Mich. 482; Wood v. Ayres, 39 Mich. 345. 33 Am. 

 Rep. 396; Backus Lbr. Co. v. Scanlon-Gipson Lbr. Co., 78 Minn. 438; East 

 Hoquiam Boom Etc. Co. v. Nelson, 20 Wash. 142; Wisconsin River Log Driv- 

 ing Asso. v. Comstock Lbr., 72 Wis. 464; Haywood v. Campbell. 72 Wis. 321; 

 Duluth Lbr. Co. v. St. Louis Boom Etc. Co., 17 Fed. 419. 



3. Crane Lbr. Co. v. Bellows, 117 Mich. 482; Beard v. Clarke, 35 Minn. 324, 29 

 N. W. 142; Merriman v. Bowen, 33 Minn. 455, 23 N. W. 843. Compare 

 Kroll v. Nester, 52 Mich. 70, 17 N. W. 700; Shaw v. Bradley, 59 Mich. 199. 

 (Changed by Statute). 

 4 Bearce v. Dudley, 88 Me. 410, 34 Atl. 260. 



5. Osborne v. Nelson Lbr. Co., 33 Minn. 285, 22 N. W. 540. 



6. Beard v. Clark, 35 Minn. 324; Walker v Bean, 34 Minn. 427, 26 N. W. 232; 



See Stewart v. Milliken, 30 Mich. 503; McDonald v. Boeing, 80 Mich. 415; 

 Hodson v. Goodale, 22 Ore. 68. 



7. Bearce v. Dudley, 88 Me. 410, 34 Atl. 260; Butterfleld v. Gilchrist, 53 Mich. 22. 



8. Megquier v. Gilpatrick, 88 Me. 422, 34 Atl. 262; Peters v. Gallagher, 37 Mich. 407 



