Johnson v. Tyler

LeGRAND, Justice.

This is an action brought under § 658.4, The Code, 1975, for damages resulting from the deliberate and willful removal by defendants of a number of trees and shrubs from plaintiffs’ property. Trial to a jury resulted in a verdict for plaintiffs in the amount of $8,750.00. The trial court remitted the judgment to $6,300.00, on condition defendants should have a new trial if the remittitur was not accepted. When plaintiffs refused the reduced judgment, the trial court ordered a new trial. Plaintiffs appealed, and defendants filed a cross-appeal on grounds discussed later. We…