Jury Instruction (Page 3 of 4) in pdf

Jury Instruction Page 3

Case 1:03-cv-01008-WDM-KLM

Document 192-2

Filed 02/10/2006

Page 3 of 4

INSTRUCTION NO.

Trespass

For the plaintiff to recover from either defendant on his claim of trespass you

must find that the following matters have been proved by a preponderance of the

evidence as to that particular defendant:

1. Plaintiff was the owner of the property in question at all relevant times. The

parties agree that is the case and you must accept that as being proved.

2. While plaintiff was the owner of the property the defendant intentionally

entered upon or caused another to enter upon plaintiff’ s property.

3. The defendant’ s act of entering the property was willful and wanton.

If you find that any of these three matters has not been proved, then your verdict

must be for the defendant.

On the other hand, if you find that all three of these matters have been proved,

then you must consider the defendant’ s affirmative defense of good faith.

If you find that the affirmative defense of good faith as defined elsewhere in

these instruction has been proved by a preponderance of the evidence then your

verdict must be for the defendant.

However, if you find that the affirmative defense has not been proved, then your

verdict must be for the plaintiff.

Jury Instruction Page 3