Levi v. Gonzenbach

Opinion op the Court by

Judge Willis

Affirming.

Emanuel Levi sued Ernest Gonzenbach to recover damages for an injury to Ms property. He alleged that he made a contract with the defendant to prune and spray certain trees, and, instead of doing so, the defendant wrongfully cut and sawed down eleven of the trees, “thereby being guilty of trespass.”

Plaintiff sought to recover $2,200 for the trees, $75 for cleaning away the rubbish and removing the stumps, and $2,500 as punitive damages. By an amended petition the claim for punitive damages was doubled, and it was predicated upon the charge that the…