Layman v. Southwestern Bell Telephone Company

554 S.W.2d 477 (Mo. Ct. App. 1977)

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Nature of the Case

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Facts

Layman (P) owned real estate in Missouri and sued Southwestern Bell (D) for trespass, contending that D had entered her land and had installed and maintained underground telephone wires and cables without her consent. The wires were laid by digging a trench and covering them up. P claimed $7,500 in depreciated land costs, $2,000 in punitive damages and removal of the cables. D answered with a general denial. D then offered evidence at trial that it had an easement on the land that had been given to the previous owners to Union Electric and that that easement had been assigned to D. P objected to this evidence because it was an affirmative defense and D had only responded with a general denial. The court rendered judgment in D's favor; there was insufficient evidence to establish the trespass pleaded and sought to be proved. P appealed.