Rauscher v. Halstead

Robert A. Rauscher appeals from a judgment which apportioned the damages awarded to him for the illegal felling of trees on his property by the defendant Kenneth Halstead.

Rauscher owned an undeveloped lot located in Seattle upon which at least 32 trees were growing. Halstead resided on land immediately behind and above the Rauscher property. Some time in the latter part of April of 1973, Halstead cut two trees which were growing on the Rauscher property. The record reveals that Halstead assumed the trees were located on property owned by the city. However, the trial court specifically found…