Shearer's Inc. v. Lyall

OPINION

SEARS, Justice.

Appellant sought actual and punitive damages for a trespass admittedly committed by appellees. In the course of the trespass, appellees bulldozed and removed from appellant’s property five pine trees and five oak trees. The trial court found appellees guilty of the trespass and awarded appellant $2,250.00 in actual damages and $750.00 in punitive damages. Appellant takes exception to the judgment of the trial court and appeals. We reverse and remand for a redetermination of the damages.

Appellant owns a small, triangular tract of land which abuts the service road of…