Evans v. Bredow

Although I concur in the judgment of affirmance I do not agree to all that is said in the opinion.

1. As to a sufficient interest appearing in the plaintiff to the real estate alleged to have been damaged to authorize recovery, attention is called to special ground 4 of the amended motion for new trial which contends that the recovery for damage to the shrubbery, yard, water pipe and other fixtures attached to the realty is without evidence to support it in that the plaintiff neither pleaded nor proved ownership of the realty. Applying the rule that the evidence must be construed in favor of…