Harper v. Morris

ORR, Judge.

It is well settled law in our state that when trees are unlawfully cut from the land of another, “claimant is entitled to either the difference in fair market value of the land before and after the cutting or the market value of the timber at the time and place of its severance plus incidental damages caused in removal, whichever he elects.” Simpson v. Lee, 26 N.C. App. 712, 715, 217 S.E. 2d 80, 82 (1975). Here the plaintiffs elected the diminished value measure, calculated by the difference in market value before and after the cutting.

Defendant contends the trial court erred by…