Questão jurídica principal
Whether the cantonal court misconstrued the legal concept of damage in calculating lost agricultural profit.
Decisão extraída
No. The cantonal court applied the correct legal notion of damage by comparing the claimant's patrimony with and without the encroachment and estimating the lost profit from the unusable surface.
Fundamentação extraída
The legally recognized damage is the involuntary decrease in net assets. The cantonal court's method of deriving the loss from the excluded cultivated area corresponded to that principle; the remaining criticism attacked factual assessment and the amount of damage, which is not reviewable in reform proceedings.