McNamee v. Garner

SNYDER, Judge.

James. McNamee and Marylin McNamee, his wife, sued Frazier Garner for trespass to realty and the destruction of trees under § 537.340, RSMo 1978. The jury found for defendant. The trial court granted plaintiffs’ motion for a new trial, ruling that defendant’s converse instruction was given in error, and defendant appealed. The judgment ordering the new trial is reversed.

The sole issue in this case is whether it was prejudicial error for the court to instruct the jury that plaintiffs had to prove defendant trespassed upon plaintiffs’ land in order to prevail on their claim for…