Dean v. Arena

The defendants appeal a judgment of the Windsor Superior Court denying a right-of-way across plaintiff’s land and awarding compensatory damages of $2,460 and punitive damages of $500 for trespass. On appeal defendants claim (1) that the trial court erred in excluding statements made by one of the defendants’ predecessors in title to the defendants’ former attorney, and (2) that the damages awarded were excessive.

The defendants owned two woodlots known as the Webster Lots in the Town of Chester adjoining land of the plaintiff. In 1978 the defendants commenced a logging operation. In so doing…