Shaw v. Burlington Northern, Inc.

PREWITT, Presiding Judge.

Respondent brought an action seeking relief against the St. Louis — San Francisco Railway Company (Frisco) in two counts. On the morning of trial respondent dismissed Count I based on trespass and proceeded to trial on Count II requesting ejectment. The real estate involved is an approximately 2⅛⅞ acre triangular tract where Frisco installed a communications tower known as a “microwave repeater station”. During respondent’s evidence he sought to amend to change the legal description of the property from which he sought to eject Frisco. That request was denied. At the…