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TYDRICH v. BOMKAMP

No. 96-2086.

207 Wis.2d 632 (1996)

558 N.W.2d 692

Martin TYDRICH, Plaintiff-Appellant, v. Dennis BOMKAMP, Wisconsin Rivervalley Hardwoods, Heritage Mutual Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 27, 1996.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of John D. Brown of John D. Brown Law Office of Richland Center.

For the defendants-respondents the cause was submitted on the brief of Roger J. Mueller of Hamilton & Mueller, S.C. of Dodgeville.

Before Vergeront, Roggensack and Deininger, JJ.

DEININGER, J.

Martin Tydrich appeals from a judgment awarding him damages under § 26.09, STATS.,1 for the unlawful cutting of thirty-five large maple trees on his farm. He claims the trial court erred in computing damages: (1) by deducting the cost of cutting the trees from the market value of the timber; and (2) by allowing an offset against double damages for the net amount Tydrich received...

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