CACIOPPO v. SOUTHWESTERN BELL TEL. CO.

No. 28034.

550 S.W.2d 919 (1977)

Marie CACIOPPO, Respondent, v. SOUTHWESTERN BELL TELEPHONE COMPANY, Appellant.

Missouri Court of Appeals, Kansas City District.

May 2, 1977.


Attorney(s) appearing for the Case

James E. Taylor, J. Curtis Nettels, Kansas City, Jack C. Lorenze, William C. Sullivan, James A. Daugherty, St. Louis, for appellant.

Marie Cannon, Allan R. Browne, Ennis, Browne, Martin & Tapp, Kansas City, for respondent.

Before SHANGLER, P. J., and WELBORN and HIGGINS, Special JJ.


ANDREW JACKSON HIGGINS, Special Judge.

Appeal from verdict and judgment for plaintiff in action for actual and punitive damages for continuing trespass to real estate. The dispositive question is whether the court erred in permitting recovery for damages which arose prior to five years immediately preceding institution of the action. Reversed and remanded.

Respondent has moved to dismiss this appeal for the reasons: (1) The notice of appeal is insufficient...

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