Baumbach v. Poole

McAllister, j.

This is an action for trespass allegedly committed by defendant during the construction of a roadway on an easement over plaintiffs’ property. The jury awarded plaintiffs $4,000 compensatory damages and $1,000 punitive damages. Defendant appeals. We reverse only as to the punitive damages.

The easement starts on the west at a public road and runs easterly through lands owned by persons not parties to this action, thence for about 1,450 feet through plaintiffs’ land and ends on the east at the boundary of defendant’s property. The easement was surveyed in 1959 and the survey filed…