(concurring in part and dissenting in part).
I am in full accord with the majority holding that the defendants are in moral bad faith, but I think the damages awarded are grossly inadequate.
*412Due to the influx into this state of the paper industry and other enterprises using forest products in manufacture, the growing of pine timber has become a large source of income to the people in the timbered sections of our state. In fact, extensive areas which were formerly planted to cotton, corn, and other crops are now being converted, as an investment, to the growing of pine timber. The landowners who have planted pine seedlings must patrol their lands, guard against fires, clear out undesirable growth from time to time, thin the trees, etc. In short, the growing of merchantable timber, which is now a big business in this state, is nothing more than the growing of a crop, a crop of merchantable timber. Although a stand of pine seedlings or young pine trees does not in its early stages have much value, the cost of seeding, planting, care, and supervision may be considerable. Thus I think the time has come to regard growing pine timber as a merchantable crop like cotton, corn, or potatoes; and when a crop of pine timber is destroyed or damaged by one found to be in bad faith before, it reaches the stage when it can be marketed as merchantable timber, the owner’s damages should be computed and determined in the same manner as damages are computed to other young crops in such a case. See Rhymes v. Guidry, La.App., 84 So.2d 634; Watkins v. Gulf Refining Co., 206 La. 942, 20 So.2d 273; Dubois v. Phillips Petroleum Co., 221 La. 161, 59 So.2d 107.
I do not think that the application of such a rule in the computation of damages to growing pine timber can be objectionable on the ground that the damages would be speculative, for, as disclosed by the record here, one with experience in forestry can examine a stand of young pine timber and calculate to a very fine point the yield at any given stage of maturity.
If the record in this case is not in a condition to permit calculation of the amount of damages under the rule applicable to damages to other young crops, then I think the case should be remanded for further evidence. An award based on the value of pulpwood per cord is inequitable since it is far below the amount the owner would be entitled to recover if growing timber is considered a crop which in its matured state is merchantable timber.