During the attempted delivery, it became apparent that plaintiffs' road was not wide enough to allow for unobstructed passage of the mobile home. Defendants maintain trees, undergrowth, and assorted debris on plaintiffs' property blocked passage of the mobile home. Due to the impasse created by the obstructions, defendants procured the use of a bulldozer, and flattened interfering areas alongside the road. The amount of damage to plaintiffs' property is contested. Plaintiffs' evidence tends to show extensive damage was done to the property, including destruction of fifty young black walnut trees.
Plaintiffs bring forth three assignments of error.
Plaintiffs' third assignment of error addresses the trial court's refusal to take judicial notice of criminal statutes regarding trespass to land, and the trial court's denial of an instruction based on these same criminal statutes. Defendant Robert Worley admits making this statement. Testimony by the defendant indicates that he watched and directed the bulldozer operator, as the operator trammeled several trees. Plaintiffs in this case requested punitive damages instructions twice, requests which were refused by the trial court. The rules regarding disposition of jury instruction requests are well-settled.