Bailey v. Chicago, M. & St. P. Ry. Co.

Citations

• 3 S.D. 531
• 19 L.R.A. 653
• 54 N.W. 596
• 1893 S.D. LEXIS 14

Syllabus

<p>1. Where trees, either growing or mature, are destroyed by the wrongful act of another, the owner may bring his action either for the valué of the trees so destroyed, or for the injury to the real estate or his interest in it.</p> <p>2. If he bring the former action, the proper measure of damages is the market value of the trees destroyed, independent of the real estate! If he. bring-the latter action,-the measure of damages is the diminished value of the real estate.</p> <p>3. A party objecting to evidence on a specifically named ground waives all other grounds.</p> <p>(Syllabus by the Court.</p>