Brown v. Johnston

This is an action in trespass for damages wherein plaintiffs claim they sustained injury to a sycamore tree on their residential property. The case was tried to a jury; defendants appeal from the judgment in favor of plaintiffs.

The defendants assign as error the circuit court’s denial of their motion for a directed verdict, contending there was no evidence adduced which would support the jury’s finding in favor of the plaintiffs. As stated in Young v. Grown Zellerbach, 244 Or 251, 259, 417 P2d 394 (1966):

“A trial court should direct a verdict only when there is a complete absence of proof on…