This section contains the nature of the case and procedural background.

Bowers, a timber broker, purchased timbering rights from the surface owner of a 66-acre tract known as Leonard which is adjacent to Bullman’s (P) property. D entered into a contract with Bowers to timber the Leonard tract. While doing so, 23 trees were cut and removed from P’s property, logging roads were dug, and debris from the operation was left on the ground. Six or seven acres of her property were affected by the removal of the trees and road. D only removed the higher quality timber. The fair market value of the timber was $1,000. The cost of repairing the land was $1,400. P sued for compensatory and punitive damages. The jury awarded her $3,100, which is the stumpage value of the tree multiplied by three, $1,400 for repairing the land, and $500 for loss of property, totaling $5,000. P also got an award of $25,000 in punitive damages. D appealed.

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