Heninger v. Dunn

Opinion

CHRISTIAN, J.

Appellants David and Eliza Heninger sued respondents Bernard and Elise Dunn for an injunction and damages for trespass. After a nonjury trial the court granted injunctive relief as prayed, but denied any award of damages. The appeal challenges the judgment insofar as it denied damages.

In April 1971 respondents, who owned mountain land adjoining land owned by appellants, bulldozed a rough road, approximately seven-tenths of a mile long, on appellants’ land. Respondents acted despite appellants’ objections, relying on the advice of an attorney who had erroneously told…