Sutter v. Sims

BILLINGS, Chief Judge.

The trial court denied plaintiffs’ petition for a private way of necessity across defendants’ property under § 228.340, RSMo 1969. We reverse and remand with directions to enter judgment for plaintiffs.

Initially, we note that our review of this court tried case is governed by Rule 73.01, V.A.M.R., as interpreted by Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976). That decision tells us we are to sustain the judgment of the lower court “. unless there is no substantial evidence to support it, unless it is against the weight of the evidence, unless it erroneously declares…