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SCHMIDT v. NAUMAN

No. 45,158

202 Kan. 131 (1968)

446 P.2d 828

ESLEY EARL SCHMIDT and MILDRED RUTH SCHMIDT, his wife, Appellants, v. CLARENCE G. NAUMAN d/b/a NAUMAN LUMBER COMPANY and C. NAUMAN LUMBER, INC., Appellees and Cross-Appellants.

Supreme Court of Kansas.

Opinion filed November 9, 1968.

Attorney(s) appearing for the Case

Robert S. Luke, of Burlington, argued the cause and was on the brief for appellants.

Thomas E. Gleason, of Ottawa, argued the cause, and Jules V. Doty and Robert L. Pinet, of Ottawa, were with him on the brief for appellee and cross-appellant.

The opinion of the court was delivered by

FATZER, J.:

This was an action to recover damages for trespass and the cutting of trees on the appellants' land.

On July 25, 1964, the employees of C. Nauman Lumber, Inc., through a mistake in location, entered upon an 80 acre tract of land belonging to the plaintiffs and cut down three black walnut and three cedar trees.

On July 15, 1966, the plaintiffs filed an action for damages naming Clarence G...

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