Power v. Dean
Missouri Court of Appeals
Appeal from Scotland Circuit Court.- — Hon. Hdwm R. McKee, Judge. All of the instructions for the plaintiff ignore. the fact that the defendants in going upon the roadway was under claim of right and hence not a trespass, and as no damage was proven, the verdict should have been for defendants. 63 Mo. 577. Defendants going on the roadway was not illegal and hence not a trespass and any damage done there does not constitute the act, an act of trespass.
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Appeal from Scotland Circuit Court.- — Hon. Hdwm R. McKee, Judge. All of the instructions for the plaintiff ignore. the fact that the defendants in going upon the roadway was under claim of right and hence not a trespass, and as no damage was proven, the verdict should have been for defendants. 63 Mo. 577. Defendants going on the roadway was not illegal and hence not a trespass and any damage done there does not constitute the act, an act of trespass. Cook v. Redman, 45 Mr. App. 397; Davis v. Clark, 40 Mo. App. 515; Walker v.-, 14 Mo. 373. The presumption of a grant had already been raised,…
1Opinion of the CourtGoode, J.
This action of trespass was brought before a justice of the peace. The complaint is in two counts. The first alleges that on May 1, 1903, and continuously since that time, plaintiff was the owner and in possession of the southeast quarter of the northeast quarter of section 32, township 66, range 10; that he had said tract of land inclosed by a wire fence on or about May 2, 1903, and the defendant unlawfully and voluntarily tore loose said fence, pulled up the posts at the southeast corner of the tract and for about five rods east of said corner and left the same down; that in consequence…
2Cases cited3 opinions
- Pitzman v. BoyceSupreme Court of Missouri · 1892
- House v. MontgomeryMissouri Court of Appeals · 1885
- Autenrieth v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1889
3Cited by6 opinions
- Schroer v. BrooksMissouri Court of Appeals · 1920
- Gibson v. SharpMissouri Court of Appeals · 1955
- Majors v. BushSupreme Court of Missouri · 1947
- Rice v. WadeMissouri Court of Appeals · 1908
- Geismann v. TrishMissouri Court of Appeals · 1910
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