Thatcher v. Lane Construction Co.

This is an appeal by defendants, appellants herein, from a judgment of the Franklin County Municipal Court awarding damages to plaintiffs, appellees herein, in the sum of $1,750.

Plaintiffs purchased a lot from defendants in a subdivision in northwest Franklin County in early 1964. Immediately to the south of this lot was a reserve established by the defendants for the use of all lot owners of the subdivision.

Sometime after plaintiff’s purchase and while defendants were removing trees and underbrush from the reserve lot, the operator of the bulldozer inadvertently came onto the lot belonging…