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Cleveland State University

Cleveland State Law Review

1972

Compensatory damages

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Damages For Loss Of Trees, Evelyn Stebbins, Charles G. Sabo Jan 1972

Damages For Loss Of Trees, Evelyn Stebbins, Charles G. Sabo

Cleveland State Law Review

The purpose of damages is to compensate an individual for an injury or wrong, where the loss or diminution is proximately caused by the negligent or wrongful act or omission of another. The purpose of a measure of damages is to ascertain what compensation to award the injured person. The courts have held that the general measure for damage to real property is the difference between the market value of the property before the injury and its value after the injury. Although there is no fixed, arbitrable, or absolute rule regarding damages for the loss of trees to realty, the …