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Thomas v. Harrah’s Vicksburg Corp.
Mississippi Court of Appeals
734 So.2d 312 (1999)
C.N. Thomas (plaintiff) filed suit against Harrah’s Vicksburg Corporation (Harrah’s) (defendant) and its building contractor, W.G. Yates & Sons (Yates) (defendant) alleging that while defendants were building a casino on a vacant lot next to Thomas’s store, Surplus City, U.S.A., Inc. (Surplus) (plaintiff) defendants trespassed on his property. At trial, defendants offered evidence that they took reasonable precautions to avoid entering plaintiffs’ land while building their casino but due to the close proximity of the construction project to the adjoining property line with Surplus, trespass was inevitable. Charles Wells, Harrah’s construction manager, and Jim Smith, the construction superintendent for Yates, each testified that during the construction project they took great pains to erect scaffolding to avoid trespassing on the Surplus property, but nevertheless, defendants regularly trespassed in order to move construction of the casino along. The trial court held for plaintiffs. Defendants appealed and argued that proof of negligence was required for plaintiffs to prevail.
Rule of Law
Holding and Reasoning (Payne, J.)
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