Nelson W. Hartman v. J & a Development

These are consolidated appeals from two judgments rendered in favor of plaintiffs Nelson W. Hartman, et al., and against defendant J & A Development Company for trespass by defendant and its agents on a private road, the ownership of which is claimed in fee by plaintiffs. A separate trial was held on an equitable count which sought an injunction from further trespass. The trial court decreed that plaintiffs are the owners in fee of the private road and enjoined defendant from any further acts of trespass over it. Thereafter, the issue of damages resulting from trespass by defendant was tried to a jury. Jury verdicts were returned in favor of plaintiffs jointly and against defendant in the amount of $15,000 actual damages and $30,000 punitive damages. Judgment was entered in accordance with the jury verdicts. These appeals ensue. We reverse on the equitable count and reverse and remand on the issue of damages. 1 The dispute between the parties involves the issue of title to a private road which bisects defendant's land and connects plaintiffs' land with Conway Road in St. Louis County, Missouri. The parties agree that their respective rights in the road are governed by an 1898 deed which reads as follows: