Scholes v. Lambirth Trucking Co.

Summary

The court held that Civil Code section 3346 does not provide enhanced damages or a five-year statute of limitations for timber, tree, or underwood damage caused by a negligently escaping fire. The statute targets timber trespass involving direct, intentional injury or removal, while fire damage is governed by other fire-liability remedies. Because the complaint was filed outside the applicable three-year limitations period, the court affirmed the Court of Appeal.