RECTOR, ETC. v. C.S. McCROSSAN

No. 44863.

235 N.W.2d 609 (1975)

The RECTOR, WARDENS AND VESTRY OF ST. CHRISTOPHER'S EPISCOPAL CHURCH, Appellant, v. C.S. McCROSSAN, INC., Respondent.

Supreme Court of Minnesota.

November 7, 1975.


Attorney(s) appearing for the Case

John G. Bell, New Brighton, for appellant.

Mahoney, Dougherty & Mahoney and Kenneth P. Gleason, Minneapolis, for respondent.

Heard before OTIS, TODD and MacLAUGHLIN, JJ., and considered and decided by the court en banc.


OTIS, Justice.

Plaintiffs have brought this action to recover damages against a road contractor for negligently suffocating the roots of shade trees located on plaintiffs' church property. The trial court directed a verdict for defendant on the grounds plaintiffs failed to prove damages based on the diminution in value of the real estate and sought only to recover the cost of replacement. We reverse.

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