Markowitz v. University City

DOERNER, Commissioner.

Plaintiffs’ petition in equity is in two counts. In count one plaintiffs alleged that the defendant had' trespassed on their land and had taken a portion of their property for public use by constructing part of a street thereon. They asked that. the defendant be restrained and enjoined from continuing: the trespass and from using; their property as a highway. In count two1 plaintiffs adopted the allegations as to -the trespass and prayed for actual and punitive damages. The court denied plaintiffs’ prayer for injunctive relief, but found that the defendant had wrongfully…