|The correct measure of damages for trespass on
land is the difference between the value of the land immediately before the
trespass and the value immediately after it.
|The worth of such trees is not the proper
measure of damages in a civil action for trespass to land.
|The trial court was authorized to consider the
cutting and damaging of the 441 trees and saplings, the photographs which
were introduced, the cleanup costs, the nature of the land and its use, and
all other competent evidence.
|The assessment of damages, where the damages
are shown by competent evidence, is within the sound discretion of the jury,
and those damages, once assessed, are presumed correct. Particularly is this true where the jury,
by way of a special verdict, based its award of damages on the trespass and
conversion claim and not on the statutory penalty claim.
|The trial courts findings need only be
supported by evidence which is credible and that its determination will not
be disturbed on appeal unless it is clearly erroneous and palpably wrong or
|The method of computation of the verdict amount
based on the evidence will not be questioned on review, either by the trial
court on post-judgment motion or by this Court (Supreme Court) on appeal.