RODGERS, P. J., September 26, 1963.
The court has held a pretrial conference where the question was raised of the proper measure of damages for the loss by fire of mature Christmas trees of merchantable quality while on the stump rooted in the soil but ready for the market place. The court adopts the Restatement of Torts, Volume 4, §929 as the law of the case. It holds that:
"Where a person is entitled to a judgment for harm to land resulting from a past...
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