Sandel v. Cousins

Lewis, Chief Justice:

This action was instituted by appellants to recover actual and punitive damages for the alleged trespass by respondent upon their real property and cutting and removing trees therefrom. This appeal is from an involuntary nonsuit, entered by the trial judge at the close of appellants’ testimony, on the ground that appellants had not proved the amount of their damages.

The appeal to this Court is upon the following single exception:

“The court erred in granting the motion for nonsuit, the error being the matters of willfulness or negligence and damages were properly for the…