Harris v. L. P. & H. Construction Co.

SMITH, Commissioner.

Action originally brought by plaintiffs-appellants, as landowners, for statutory trespass under Section 537.340 1 and ejectment. Defendants-respondents are a telephone company, and a construction company which erected telephone lines across plaintiffs’ land for the telephone company. The case was tried before a jury on the asserted “affirmative defense” of defendant Missouri State Telephone Company (hereinafter Telephone Company) requesting condemnation of an easement over plaintiffs’ land. The jury awarded plaintiffs $800.00 as compensation for the taking and they appeal.…