Curtis v. Fruin-Colnon Contracting Co.

WOLFE, Commissioner.

This is an action for trespass on plaintiffs’ land which resulted in damage to a building upon it. The appeal before us is from the second trial of the case. When it was first tried there was a verdict for the plaintiffs in the sum of $8,000 and the defendant appealed to the Supreme Court, where the judgment was reversed because the plaintiffs’ proof was insufficient as to the amount of damages. The case was remanded for trial on the issue of damages only. The trial upon this issue resulted in a verdict for $7,400 and from the resulting judgment the defendant prosecutes…