Crouse v. Burkemper

CRIST, Judge.

Proceeding under § 228.340, RSMo 1969 to establish a road by reason of necessity. We reverse and remand.

At the close of plaintiff’s case defendant moved for a directed verdict on the ground that plaintiff had failed to prove the necessity for a private road. The trial court directed a verdict in favor of the defendant on the ground that plaintiff had “failed to sustain the burden necessary for a verdict.” For the reason that only one ground was stated in defendants’ motion for directed verdict, the issue on appeal is restricted to whether or not plaintiff offered sufficient proof…