Haider v. Moen

Jensen, Justice.

[¶ 1] Jeff Moen appeals from a judgment awarding Jason Haider damages for wrongful injury to timber. Moen argues the district court abused its discretion in excluding a jury instruction on treble damages and erred in admitting an expert's testimony. We affirm the district court's admission of expert testimony, reverse the district court's exclusion of a jury instruction *522 on treble damages, and remand this case for a new trial.

I

[¶ 2] Haider owns seven acres of rural property near Foxholm, North Dakota, of which four acres are homestead and three acres are farmland. Trees border…