Weisswasser v. Chernick

On Rehearing

This case has been before this Court on two prior occasions. Originally, this Court reversed a lower court finding of intentional trespass, 68 Mich App 342; 242 NW2d 576 (1976), because plaintiffs had not sustained their burden of proof.

That decision was reversed by the Supreme Court, 399 Mich 653; 252 NW2d 766 (1977), reh den, 400 Mich 1029, remanding the case to us for consideration of the remaining issues raised by defendants on appeal.

*151Confining ourselves to the issue of damages, we held that the trial court did not err by instructing the jury that it could consider replacement…