JOHNSON v. TYLER

No. 60295.

277 N.W.2d 617 (1979)

Hayes JOHNSON and Marjorie Johnson, Appellants, v. Henry E. TYLER and Genco Distributors, Inc., Appellees.

Supreme Court of Iowa.

Rehearing Denied May 24, 1979.


Attorney(s) appearing for the Case

John R. Hearn, of Payton & Hearn, P. C., Des Moines, for appellants.

Phil Watson, of Watson & Swanson, P. C., Des Moines, for appellees.

Considered En Banc.


LeGRAND, Justice.

This is an action brought under § 658.4, The Code, 1975, for damages resulting from the deliberate and willful removal by defendants of a number of trees and shrubs from plaintiffs' property. Trial to a jury resulted in a verdict for plaintiffs in the amount of $8,750.00. The trial court remitted the judgment to $6,300.00, on condition defendants should have a new trial if the remittitur was not accepted. When plaintiffs refused the reduced...

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