First National Bank v. Amco Engineering Co.

Mr. JUSTICE THOMAS J. MORAN

delivered the opinion of the court:

This is an action to recover damages caused by the cutting and removal of a number of trees that had been growing on plaintiffs’ property. At the close of plaintiffs’ case-in-chief, the trial court, sitting without a jury, directed verdicts in favor of both defendants on the grounds that plaintiffs had failed, by the proper measure of damages, to prove any injury.

On review, plaintiffs assert that the trial court did not apply the proper rule for the measure of damages, that the court erred in refusing to allow plaintiffs leave to…