(dissenting) — In this case we are concerned with the measure of damages to cherry trees in the orchard, three of which were destroyed and three of which were damaged. The law appears to be that where any trees, timber, or shrubs on the land of another or in a city lot are destroyed or injured, the plaintiff may proceed under RCW 64.12.030, and treble damages shall be given for the value of the trees for willful trespass. Or if the damage is permanent, the diminution market value may be used. Harkoff v. Whatcom County, 40 Wn.2d 147, 241 P.2d 932 (1952). Since there was no reduction in market value, the measure of damages by the trial court is correct as to the destroyed trees. As to the trees which were merely injured, it would seem that the damage was temporary, so the measure of damages would be the temporary loss of production so as to make the plaintiff whole. Watkins v. FMC Corp.—Niagara Chem. Div., 12 Wn. App. 701, 531 P.2d 505 (1975).
*155This is a net loss that can be recovered, that is, the market value of the crop, less the cost of harvesting and marketing, Shotwell v. Dodge, 8 Wash. 337, 36 P. 254 (1894).
Reconsideration denied October 12, 1979.