Nature of the Case
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Facts
Stepp (D) entered Dougherty's (P) unenclosed property without the consent of P. D entered with a surveyor and chain carriers and surveyed the land and claimed a part of it but there was no marking or cutting of bushes. The issue at trial was actual damages to the land, and the trial court held that there cannot be a trespass without some damage to the land. The jury found for D and P appealed because of the jury instructions.
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