Roark v. Musgrave

Mr. PRESIDING JUSTICE KARNS

delivered the opinion of the court:

Defendant Larry Musgrave appeals from a judgment of the Circuit Court of Hardin County awarding plaintiff-appellee Logan Roark, Jr., actual damages of *4,280.18 and punitive damages of *1,000 for defendant’s wrongful cutting and removal of some 140 trees from plaintifFs land. The only issues raised here are whether the court below applied an improper measure of damages, and whether it erred in assessing punitive damages.

The complaint was in two counts, and was framed in the language of an action in trespass. The first count alleged…