Rhodig v. Keck

Henry T. and Elizabeth Rhodig, plaintiffs in error here and plaintiffs in the trial court, filed suit against Roy Keck alleging malicious and wanton destruction of four trees which allegedly grew on the boundary line between plaintiffs’ and defendant’s property in the City of Aurora. They asked for damages in the sum of $10,000. Defendant admitted removing the trees but alleged that they were completely on his property and and that he had the right to destroy them. The trial court granted defendant’s motion to dismiss at the close of plaintiffs’ case finding that they had failed to establish…