Longnecker v. Zimmerman

Zimmerman (defendant) admitted trespassing onto Longnecker's (plaintiff) land and cutting roughly 10 feet off three 25-foot cedar trees, believing mistakenly that the trees were on her own property; though Zimmerman's expert conceded the trees would never grow taller once topped, he argued the trimming removed dying branches and thus benefited the trees. The trial court instructed the jury to decide whether any injury occurred at all rather than requiring nominal damages as a matter of law, and the jury found for Zimmerman.