McNAMEE v. GARNER

No. 43196.

624 S.W.2d 867 (1981)

James L. McNAMEE and Marylin H. McNamee, Plaintiffs-Respondents, v. Frazier E. GARNER, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

October 13, 1981.


Attorney(s) appearing for the Case

Murray A. Marks, Clayton, for defendant-appellant.

Jack Gallego, Troy, for plaintiffs-respondents.


SNYDER, Judge.

James McNamee and Marylin McNamee, his wife, sued Frazier Garner for trespass to realty and the destruction of trees under § 537.340, RSMo 1978. The jury found for defendant. The trial court granted plaintiffs' motion for a new trial, ruling that defendant's converse instruction was given in error, and defendant appealed. The judgment ordering the new trial is reversed.

The sole issue in this case is whether it was prejudicial error for...

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