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ALLYN v. BOE

No. 19304-3-II.

943 P.2d 364 (1997)

87 Wash.App. 722

Richard J. ALLYN and Winifred Allyn, Appellants/Cross-respondents, v. Gordon BOE and Beverlee Boe, husband and wife; Myron Struck and Karin Struck, husband and wife; Chris Struck and Jane Doe Struck, husband and wife; and Gordon Boe Construction, Respondents/Cross-appellants.

Court of Appeals of Washington, Division 2.

September 5, 1997.

Attorney(s) appearing for the Case

Keith Leon Kessler, Bradley Jerome Moore, and Garth L. Jones, Stritmatter Kessler, Hoquiam, for Appellants.

John Emmett Cushman, Cushman Raymond & Middleton, P.s., Olympia, for Respondents.

ARMSTRONG, Judge.

In this timber trespass action, the jury awarded damages for harvested trees in an amount more than double the value of the underlying property. The trial court ordered a new trial because of: (1) juror misconduct and (2) the court's failure to instruct the jury that damages could not exceed the underlying value of the property. The Allyns appeal. The defendants cross appeal, contending that, because the...

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