This section contains the nature of the case and procedural background.

Thomas and Surplus City, U.S.A. (Ps) sought damages for common law trespass against Harrah's Vicksburg Corporation (D1) and W.G. Yates and Sons Construction Co. (D.) D1 was building a gambling facility. The property in question is a vacant lot adjoining Surplus, which is a closely held corporation wholly owned by Thomas. The City instituted eminent domain proceedings against Thomas for the property. Ps repeatedly asked Ds to refrain from trespassing on the property; however, these requests were ignored. Thomas sought damages of $3,074.20, and Surplus sought damages of $30,600. Ds conceded that there was trespass on the property. The jury returned no award for Thomas as to both Harrah's and Yates, and an award of nominal damages in the amount of $3,000 for Surplus against Yates and no award for Surplus against Harrah's. This appeal followed. The property subject of this litigation was owned by Thomas but leased to Surplus for business purposes. The eminent domain action was ultimately decided in favor of Thomas. Ds argued in part that proof of negligence was required for trespass. Ps contend that the intent of the common law trespasser is irrelevant.

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