Faber v. Asplundh Tree Expert Co.

Plaintiffs operate a tree nursery. Defendant is in the business of applying herbicides along railroad rights-of-way under contracts with railroad companies. On two occasions in 1987 and on two occasions in 1988, defendant applied herbicides to a right-of-way immediately adjacent to plaintiffs’ facility, and extensive damage to plaintiffs’ tree crops allegedly resulted. Plaintiffs brought this action, alleging claims, inter alia, for intentional trespass, unintentional trespass and negligence. They sought compensatory and punitive damages. Although the punitive damages claim was submitted to…