Cooper v. Massachusetts Bonding & Insurance

-This is an action for trespass to real estate. The case was tried before the court, without the aid of a jury. There was a judgment in favor of plaintiff in the sum of $900, resulting in this appeal.

The suit was originally brought against the City of Kirksville, a city of the third class, and the appellant, the Massachusetts Bonding & Insurance Company, which is hereinafter called the defendant. At the close of the evidence the case was dismissed as to the city.

The facts show that plaintiff is the owner of two lots in the City of Kirksville, abutting upon Osteopathy Avenue in said city; that…