Neilan v. Braun

OPINION

LESLIE, Judge.

Defendant appeals the district court’s award of actual damages and its denial of treble damages for injury to defendant’s corn crop caused by plaintiff’s trespassing cows.

We affirm the actual damage finding and reverse the denial of treble damages.

FACTS

In 1982 Craig Braun, defendant-appellant, leased from Dale Neilan, plaintiff-respondent, fifty-two acres of farmland for annual rent of $5,200.00, due in two installments of $2,600.00 each. Adjacent to and separated by a fence from the leased farmland lay a pasture owned by Neilan. Despite the fence, Neilan’s cattle entered…