160 A MANUAL OF FORESTRY 



the destruction of timber by sparks from the defendant's loco- 

 motives. The jury brought in a verdict for the plaintiff allowing 

 practically the full amount asked. The total sum demanded 

 vS5 and the verdict was for $3659.45, a difference of 

 but 869.45. This item was the alleged value of the cordwood 

 destroyed, amounting to 23 i\ cords at 30 cents per cord. The 

 government claimed that the wood before the fire was worth 

 ()o cents per cord and as it was subsequently sold for 30 cents 

 they claimed the difference, which was not allowed. 



''The important feature of the case was the allowing of $12 

 per acre for reproduction and the suit was unique in that this 

 establishes a precedent of the greatest value to the Forest 

 Service. It is the first time that a court in the United States 

 has decided that trees of such immature growth have a value 

 that may be determined and for which damage may be estimated 

 and allowed. 



"The item of reproduction in this case was $1094.40 or $12 

 per acre for 91.2 acres and it was allowed by the jury in full. 

 The other item allowed was for the partial destruction of 675,000 

 feet of mature timber, originally valued at $6 per thousand, but 

 a credit of $2.20 per thousand was allowed the defendant as the 

 fire-killed timber was subsequently sold at that price. This 

 added $2565 to the reproduction allowance. 



"The basis for the valuation of the reproduction were the 

 figures derived from the actual operations of this kind in the 

 Black Hills National Forest during the past season, when 1500 

 acres were reforested by seeding. Thus the forest officers, in 

 their testimony, were able to give exact figures for the work 

 already performed and thereby put a definite value on young 

 trees, which to practical lumbermen would be worthless." 1 



1 This quotation is taken from Forestry Quarterly, Vol. VIII, p. 566. 



