Fondren v. Redwine

AHRENS, Presiding Judge.

In this jury-tried case for statutory trespass and damage to a tree pursuant to § 537.340 RSMo (Supp.1993), plaintiff appeals and defendant cross appeals the judgment on a verdict in favor of plaintiff. We reverse.

On November 26, 1991, defendant, Brad Redwine, was driving his father’s automobile northbound on Partridge Run in St. Louis County. While apparently attempting to pass another car, defendant lost control of the automobile. Defendant’s automobile then entered plaintiffs Kyle and Hildegard Fondren’s property, and struck a large pin oak tree growing in the front…