Morrill v. Webb

The defendant appealed a superior court decree awarding the plaintiffs damages for willful trespass to timber pursuant to RSA 539:1 (Supp. 1981). For the reasons set forth below, we affirm in part and reverse in part.

The plaintiffs, Walter J. and Dona Morrill, are owners of land in Newfields which abuts the property of the defendant, Robert Webb. In May 1978, the defendant employed Donald R. Tardy to harvest timber on the Webb property in Newfields. The defendant instructed Tardy where to cut, and on appeal the parties do not dispute that the defendant erroneously directed Tardy to cut on…