ELDER v. NORTHWEST TIMBER CO.

No. 12514.

613 P.2d 367 (1980)

101 Idaho 356

John M. ELDER and Raquel P. Elder, husband and wife, Plaintiffs-Respondents, v. NORTHWEST TIMBER COMPANY, a division of the Pack River Company, Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied June 30, 1980.


Attorney(s) appearing for the Case

W.W. Nixon, and Marshall C. Aungier of Nixon, Nixon, Lyons & Bell, Coeur d'Alene, Dale G. Higer, of Eberle, Berlin, Kading, Turnbow & Gillespie, Boise, for defendants-appellants.

Scott W. Reed, Coeur d'Alene, for plaintiffs-respondents.


SHEPARD, Justice.

This is an appeal from a judgment wherein plaintiffs-respondents were awarded damages, both actual and punitive, as the result of defendants-appellants constructing a roadway across the property of plaintiff-respondents. The court further enjoined defendants from any future use of the road and further required defendants-appellants to pay the costs of a court-ordered survey. We affirm.

We note initially that appellants' contentions on appeal...

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