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burden of proof req.
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Measure of Damages (Wrongful Detention)
1986- Damages
C - 70.54
A person recovering property wrongfully detained from the possession of the person or an amount that will compensate the person for its actual loss, may also recover as damages the value of its use during the period of detention if it has a usable value and is not held for sale or consumption. The measure is the reasonable value of the use to the Plaintiff and not the value of the use to which the Defendant put the property while it was in Defendant’s possession. Plaintiff must present competent evidence as to the damages before they may be allowed.
 
Gunsch v. Gunsch, 73 NW2d 345 (ND 1955)
Tooz v. Tooz, 39 NW2d 257, 259 (ND 1949)
Northrup v. Cross, 51 NW 718 (ND 1892)
Note: (2004 - reviewed with no changes)