MacDonald v. Parama, Inc.

Findings of fact which may be inconsistent herewith are reversed, and new findings are made as indicated herein. The record justified an award of $200 for the actual damage to the plaintiffs’ land. Under all the circumstances here, the trial court was also justified in not apportioning such damage among the several defendants. While they may not have acted in concert, their several acts were merely cumulative; the conduct of each was a sufficient concurring cause for all the resulting damage to plaintiffs’ land. It was error, however, to award treble damages. The statute invoked by plaintiffs…