Thomas v. Harrah's Vicksburg Corp.

734 So. 2d 312 · Court of Appeals of Mississippi · 1999

Facts

C.N. Thomas and Surplus City, U.S.A. sought damages for common law trespass against Harrah's Vicksburg Corporation and W.G. Yates & Sons Construction Company, stemming from the development of Harrah's gambling facility in Vicksburg, Mississippi. Harrah's and Yates committed acts of trespass on property owned by Thomas and leased to Surplus for an approximate six month period beginning in July 1993 and continuing through December 1993.

Issue

Did the trial court err in denying Thomas' and Surplus' challenges of the sufficiency of the evidence, and was the jury's verdict against the overwhelming weight of the evidence?

Holding

The court affirmed in part, and reversed, rendered, and remanded in part, holding that the trial court should have directed a verdict for Surplus on the issue of the intentional tort of trespass against both appellees, but affirmed as to the issue of trespass against Thomas.

Rule

Common law trespass is an intrusion upon the land of another without a license or other right for one's own purpose.

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Case brief last reviewed 2026-01-07. Prepared by CaseReader from the published opinion.