SUTTER v. SIMS

No. 10414.

563 S.W.2d 533 (1978)

James E. SUTTER and Charlotte Sutter, his wife, Plaintiffs-Appellants, v. Bobby C. SIMS and Billie J. Sims and Ruth M. Sims, his wife, Defendants-Respondents.

Missouri Court of Appeals, Springfield District.

March 6, 1978.


Attorney(s) appearing for the Case

C. R. Rhoades, Robert W. Evenson, Pineville, for plaintiffs-appellants.

Abe R. Paul, Paul & Paul, Pineville, for defendants-respondents.

Before BILLINGS, C. J., and TITUS and FLANIGAN, JJ.


BILLINGS, Chief Judge.

The trial court denied plaintiffs' petition for a private way of necessity across defendants' property under § 228.340, RSMo 1969. We reverse and remand with directions to enter judgment for plaintiffs.

Initially, we note that our review of this court tried case is governed by Rule 73.01, V.A.M.R., as interpreted by Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976). That decision tells us...

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