Moore v. Shelton

PREWITT, Chief Judge.

The disputes here center over whether a road through land owned by plaintiff Mary Ellen Moore Gettys, plaintiff Gary Moore’s mother, was public or private. Plaintiff Gary Moore sought actual and punitive damages for malicious prosecution after he was acquitted of obstructing that road. § 229.150.2, RSMo 1978. His mother sought damages and an injunction in a separate action against the same defendants and their tenant. She claimed that they had removed gates, left open gates and committed other improper conduct in connection with a “private road” on her property.

Defendants…