Leavitt v. Continental Telephone Co. of Maine

ROBERTS, Justice.

Arnold and Janice Leavitt appeal from a judgment awarding them trespass damages entered in the Superior Court, (Androscog-gin County, Clifford, J). The court ruled that evidence of the restoration cost of trees cut by Continental Telephone Company of Maine and Harrison Line Corporation (Continental) was not admissible at trial. The court ruled in limine on the basis of the plaintiffs’ stipulation that they could not show any diminution in market value of their property. Thereafter, the parties consented to an award based on stumpage value. We vacate the judgment.

Continental…