Connoley v. Beyer Crushed Rock Co.

Plaintiff sued in two counts alleging that defendants wilfully trespassed upon plaintiff’s land and removed rock from under the surface thereof. The first count sought to recover the value of the rock and the second count prayed damages for the difference in value of plaintiff’s property after, as compared to its value before, the trespass.

In a pre-trial conference defendants admitted removing 36,588 tons of rock from, plaintiff’s premises without right, but that this was not wilfully done. This left the question of wilfulness under the first count and the amount of damages under each count…