Keener v. Black River Electric Co-Operative

BRADY, Judge.

This appeal comes to the writer upon reassignment. It results from the trial court’s action sustaining defendant’s motion for judgment filed immediately after the jury was sworn and prior to the opening of plaintiffs’ case.

Before ruling on that issue we are confronted with defendant’s motion to dismiss this appeal on the ground plaintiffs’ brief is in violation of Civil Rule 83.05, V. A.M.R. Plaintiffs’ brief comprises only a borderline compliance with the rule, but since it does comply the motion should be overruled.

Plaintiffs’ action was in tort for trespass alleging ownership…