DocketNumber: No. CV 02-0819738
Citation Numbers: 2003 Conn. Super. Ct. 1022, 33 Conn. L. Rptr. 698
Judges: SATTER, JUDGE TRIAL REFEREE.
Filed Date: 1/16/2003
Status: Non-Precedential
Modified Date: 7/5/2016
Conn. Gen. Stat. §
"Any person who cuts, destroys or carries away any trees, timber or shrubbery, standing or lying on the land of another or on public land, without license of the owner, and any person who aids therein, shall pay to the party injured five times the reasonable value of any tree intended for sale or use as a Christmas tree and three times the reasonable value of any other tree, timber or shrubbery; but, when the court is satisfied that the defendant was guilty through mistake and believed that the tree, timber or shrubbery was growing on his land, or on the land of the person for whom he cut the tree, timber or shrubbery, it shall render judgment for no more than its reasonable value.
The defendants argue that that statute states the sole damages that the plaintiff can recover, and that plaintiff is not entitled to any other damages. In support of that assertion the defendants rely upon Koennickv. Maiorano,
A provision in Section
Under the common law, the proper measure of damages where trees have been cut on plaintiff's land is "either the market value of the tree, once it is severed from the soil, or the diminution in the market value of the plaintiff's real property caused by the cutting." Maldonado v.Connecticut Light Power Co.,
Thus, the Court concludes that Section
Defendants' Motion to Strike is denied.
BY THE COURT ___________________ Robert Satter Judge Trial Referee CT Page 1024