GRIESENAUER v. EMSCO CORPORATION

No. 32070.

399 S.W.2d 147 (1965)

James GRIESENAUER and Betty Griesenauer, Plaintiffs-Respondents, v. EMSCO CORPORATION, Defendant-Appellant.

St. Louis Court of Appeals. Missouri.

January 18, 1965.


Attorney(s) appearing for the Case

Donald E. Dalton, St. Charles, for defendant-appellant.

George E. Sullivan, O'Fallon, for plaintiffs-respondents.


ANDERSON, Judge.

This is an action for damages for trespassing on plaintiffs' land and constructing a ditch thereon without the consent of plaintiffs. There was a verdict for plaintiffs in the sum of $700.00 and defendant has appealed from the judgment entered. It is contended that plaintiffs did not make a submissible case; that Instruction No. 2 was erroneous, and that the verdict was excessive.

The petition alleged that they were the owners of a tract of...

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