McBride v. Duckworth

I respectfully dissent.

I cannot agree that the trial court abused its discretion in fixing damages at $1000.00 each for the destruction of these two trees.

The record contains evidence about the shade-giving qualities of the trees (which was disputed) and evidence about the cost of replacing the trees (which was undisputed). There is hardly any other evidence in the record on which an award for damages can be based. This court now finds, for unexplained reasons, that $1000.00 is too much for a tree, and $250.00 is enough. In the process it is said that replacement cost is not a proper measure…