Dugan v. Jensen

Donald D. and Patricia K. Jensen appeal from a partial summary judgment on the issues of ownership of real property and trespass and from a jury award of $5,000 in damages. Appellee Donald M. Dugan cross-appeals from the district court’s ruling that treble damages were not recoverable. Appellee Smith Construction, Inc., also filed a cross-appeal and contends that the jury instruction on the measure of damages was an incorrect statement of the law. We reverse the partial summary judgment and remand the cause for further proceedings.

The property in dispute is a right-of-way situated across the…