Keitges v. VanDermeulen

This action was brought by the plaintiffs, James and Cheryl Keitges, to recover damages for the destruction of trees, shrubs, and vegetation on their property when the defendant, Darrell S. VanDermeulen, attempted to clear a path for the construction of a fence. The defendant’s property is adjacent to the plaintiffs’ land.

In the first cause of action of the amended petition, the plaintiffs sought treble damages under Neb. Rev. Stat. § 25-2130 (Reissue 1989) for willful trespass. In the second cause of action the plaintiffs sought damages for negligent trespass. The jury found that the…