DENOYER v. LAMB

No. C-830938.

22 Ohio App. 3d 136 (1984)

DENOYER ET AL., APPELLANTS, v. LAMB ET AL., APPELLEES.

Court of Appeals of Ohio, Hamilton County.

Decided December 5, 1984.


Attorney(s) appearing for the Case

Rendings, Fry, Kiely & Dennis and

John W. Hust, for appellants.

Dale G. Schmidt, for appellee Gordon Lamb.

Gustin & Lawrence Co., L.P.A., James W. Gustin, Paxton & Seasongood and Gerald W. Simmons, for appellee Murphy Development Company.


BLACK, J.

What is the measure of damages when a trespasser cuts and removes trees from residential and recreational land, in the process destroying other trees and damaging the land with heavy equipment? The trial court excluded evidence of the costs of cleanup and restoration and restricted plaintiffs-appellants (hereinafter "plaintiffs") to proof of the timber or "stumpage" value of the cut and destroyed trees. We agree with plaintiffs that this was error.

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