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Allyn v. Boe

(1997) A landowner brought an action against an adjoining landowner for timber trespass and emotional distress. After a jury awarded damages to the plaintiff, the trial judge ordered a new trial. The Court of Appeals held that: (1) a juror committed misconduct by failing to disclose, during jury selection, her negative opinion about the defendant’s real estate expert; (2) the jury could award damages, before any statutory trebling, in excess of the value of the underlying land; (3) the damage award for timber trespass was unreasonable; and (4) the discovery rule tolled the statute of limitations.

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