Sears v. Summit, Inc.

McCLINTOCK, Justice.

The questions presented by this appeal concern the respective rights of a landowner and a construction company who were both found to have committed acts of trespass against the other. Summit brought suit against Bill and Jean Sears seeking actual and exemplary damages for the unlawful detention of its heavy road-construction equipment and vehicles. By answer and counterclaim, Bill and Jean Sears demanded actual and exemplary damages for Summit’s trespass upon their property. Following a jury trial, the district judge entered judgment against defendant Bill Sears in the…