Stecklein v. Montgomery

McFADDEN, Chief Justice.

This is an appeal by Fred Montgomery, defendant-appellant, from a judgment in favor of plaintiffs-respondents, Alfred J. and Lillian Stecklein, husband and wife, in an action involving an alleged roadway across property owned by respondents, and for damages for injuries resulting from an alleged assault and battery. The court affirms the award of damages for the personal injuries, and reverses the balance of the judgment and remands for new trial.

The Steckleins filed this action against Montgomery seeking to enjoin him from trespassing on Stecklein property, for…