Baillon v. Carl Bolander & Sons Co.

Otis, Justice.

This an action for treble damages arising out of the destruction of standing trees on urban real estate by a highway contractor in the course of building a freeway. The case was tried to the court without a jury, and plaintiffs were awarded the sum of $500 in actual damages. Two issues are raised by plaintiffs on appeal from the judgment. First, that the measure of damages should be the replacement cost of the trees and not, as the trial court held, the diminution in value of the real estate. As to that issue, we affirm. Second, that plaintiffs were entitled to treble damages…