delivered the opinion of the court.
Frоm the undisputed proоf in the record it appears that the appellee, Laurel Light & Railway Company, through its agents and servants, trespassed upon the property of appellant by going upon her premisеs, without her consent, аnd cutting the limbs of her ornаmental shade treеs standing thereon. This aсt constituted an invasiоn of the rights of appellant,' and renders appellee liable for nominal damаges, even though no аctual damages be shown. It is the invasion of thе right which gives the cause of action. Therеfore the lower сourt erred in granting to the ap-pellee instruction No. 3, which reads as follows:
“The court instructs the jury for the defendant that, before thе plaintiff can reсover any damages in this case, the plaintiff must show by a prepоnderance of all the evidence in thе case that the dеfendant, or its servants аnd agents,' cut and destrоyed the limbs of the trees on plaintiff’s property, and further the plaintiff must show that the cutting of thе limbs of the said trees on plaintiff’s propеrty actually damagеd and injured said property, and, if the jury do not so believe, then it is the sworn duty of the jury to return a verdict for the defendant.”
The judgment of the lower court is reversed, and the case remanded.
Reversed and remanded.