Civil Procedure Keyed to Yeazell
Layman v. Southwestern Bell Telephone Co
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Plaintiff Eileen Layman, the owner of real estate in Jefferson County, Missouri, filed suit against Defendants Southwestern Bell Telephone Co. and Wright Tree Service of Iowa, Inc., alleging that the defendants had trespassed upon her land and installed underground telephone wires without her consent. She further alleged that the defendants continued to enter upon her land and maintain the wires. Upon entering their answer to the complaint, the defendants introduced a recorded instrument that was purportedly an easement granting them permission to enter Plaintiff’s land. The trial court entered judgment for the defendants stating that there was insufficient evidence to establish the trespass pleaded and sought to be proved. Plaintiff appealed, objecting to the introduction of the easement document.
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