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Turner v. Southern Excavation, Inc.

322 So. 2d 326 (1975)

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Turner v. Southern Excavation, Inc.

Louisiana Court of Appeal

322 So. 2d 326 (1975)

Facts

Theresa M. Turner (plaintiff) sued Southern Excavation, Inc. (Southern) (defendant), for trespass. Turner had declined Southern’s telephone offer via an agent of a small fee to level and clear her land to use as a storage place for its equipment while Southern was doing construction in the area. Without Turner’s permission, Southern thereafter entered Turner’s property, leveled it, cleared it of all vegetation, and made use of it. Turner alleged that Southern’s trespass was willful and wanton and in legal and moral bad faith. At trial, Turner was awarded $1,500 in property damages and $3,500 for Turner’s mental anguish. Both parties appealed: Turner sought increased damages, and Southern sought a reduction in damages and a reversal of any award for Turner’s mental anguish.

Rule of Law

Issue

Holding and Reasoning (Hall, J.)

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