Steinberg v. Elbthal

NICHOLS, Justice.

The Defendants, Arthur and Louisa Elbthal, appeal from a judgment of the Superior Court (Somerset County) denying their claim for treble damages pursuant to 14 M.R.S.A. §§ 7551-7552 (1980) for cutting by the Plaintiff, Fred Steinberg, of timber located on their land in Skowhegan. On appeal the Defendants contend that the Superior Court erred in ruling that they were precluded from recovering treble damages due to their failure to assert a claim for such damages in their pleadings. The Defendants assert that the issue of treble damages was tried by consent of the parties…