Pehrson v. Saderup

CALLISTER, Chief Justice:

Plaintiffs initiated this action to recover damages from defendants for the act of defendants’ agent in cutting down certain lilacs: growing near the boundary line of their respective properties. Plaintiffs sought treble damages under Sec. 78-38-3, U.C.A.1953. The matter was tried before the court, and plaintiffs were awarded $50 damages, which were trebled. Plaintiffs appéal, and defendants cross-appeal.

Defendants were the owners of a piece of real property upon which they had erected an apartment house. They desired to extend the parking lot in an area which was…