Kem v. Krueger

OPINION

JORDAN, Justice.

Suit was instituted by David Krueger against appellant Kenneth Kem and one Tip Johnson d/b/a Johnson Excavation Company for damages done to real property owned by appellee. The allegation was that the defendants, using bull dozers, wood cutting crews and excavation machinery trespassed upon the property, destroying the natural timber, undergrowth, topsoil and contour of the property. The suit claimed that defendant Johnson was the agent of defendant Kem at the time the property was damaged.

On August 15, 1980 the trial court rendered an interlocutory default judgment for…