Thein v. Burrows

Plaintiff, Joseph Thein, brought this action for a permanent injunction and damages for the wrongful cutting of timber on his property. During trial without a jury, each party introduced two surveys attempting to establish a boundary line to be used as a timber cutting line between the two parcels in question. At the conclusion of the trial, the court found that only defendant’s survey had been properly conducted and the court accepted that survey to establish the cutting line. Plaintiff appeals from that finding and the resulting dismissal of his lawsuit.

The sole issue on appeal is whether…