Missouri Court of Appeals, Western District / Aug 2, 2022
Kennedy Jones vs. Leath & Sons, Inc.
Kennedy Jones sued Leath & Sons for statutory trespass, alleging property damage from the removal of a curb stop and failure to restore property grade during a water main replacement project. The trial court found a technical trespass for the curb stop but awarded no damages, and found no trespass for the excavation, prompting Jones's appeal. The appellate court affirmed, holding that the excavation was within a valid utility right-of-way and that the statutory trespass claim for the curb stop failed because the statute does not cover man-made items like curb stops.