Faire v. Burke

LOZIER, C.

Plaintiff-appellant (herein called plaintiff) sued defendants-respondent (herein called defendants) for $9750 for alleged damage to plaintiff’s 1949 cotton crop resulting from defendants’ spraying tbeir corn crop. Trial was by the court without a jury. Finding and judgment were for defendants. Plaintiff appealed.

The issue is the sufficiency of the evidence to sustain the judgment.

Under RSMo 1949, Sec. 510.310, Y.A.M.S.: “We review this non-jurj»- case as a suit in equity; we give due regard to the trial court’s opportunity to judge the credibility of the witnesses; the judgment may…