Abe v. Chiba

18 Minshū 954 (1964)

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Abe v. Chiba

Japan Supreme Court
18 Minshū 954 (1964)

Facts

Abe (plaintiff) owned land with standing timber on it. At some point, Chiba (defendant) illegally cut down trees on Abe’s land. Abe sued Chiba to recover damages. Three parcels of land were involved, parcels A, B, and C. From the evidence provided at trial, the trial court found that Abe owned parcels A and C. The evidence also showed how much timber was cut from parcels B and C, and the value of that timber. The lower court held in favor of Abe, and Chiba appealed. The appellate court held that there was insufficient evidence to determine the correct amount of the damages because there was no evidence indicating the amount or value of the timber that was cut from parcel A. Based on that lack of evidence, the appellate court dismissed Abe’s petition for damages. Neither the trial court nor the appellate court made a finding that there was no possibility of obtaining additional evidence regarding the value of the timber on parcel A. Abe appealed to the Japan Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Ken’ichi, Sakunosuke, Yoshihiko, Kazuto, J.J.)

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