Schmidt v. Nauman

The opinion of the court was delivered by

Fatzer, J.:

This was an action to recover damages for trespass and the cutting of trees on the appellants’ land.

On July 25, 1964, the employees of C. Nauman Lumber, Inc., through a mistake in location, entered upon an 80 acre tract of land belonging to the plaintiffs and cut down three black walnut and three cedar trees.

On July 15,1966, the plaintiffs filed an action for damages naming Clarence G. Nauman, an individual, d/b/a Nauman Lumber Company, as defendant. On October 10, 1966, some two years and two months after the cutting of the trees, the…