Haynor v. Excelsior Springs Light, Power, Heat & Water Co.
Missouri Court of Appeals
Appeal from Olay Circuit Court. — Eon. Joshua W. Alexander, Judge. (1) The court erred in giving plaintiff’s instructions numbered one and five. ’ Both these instructions assume that defendant was negligent and also that the well in question belonged to plaintiff, and direct a recovery without proof of either defendant’s negligence or plaintiff’s ownership of the well, two facts that it was essential for plaintiff to prove in order to make out her case.
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Appeal from Olay Circuit Court. — Eon. Joshua W. Alexander, Judge. (1) The court erred in giving plaintiff’s instructions numbered one and five. ’ Both these instructions assume that defendant was negligent and also that the well in question belonged to plaintiff, and direct a recovery without proof of either defendant’s negligence or plaintiff’s ownership of the well, two facts that it was essential for plaintiff to prove in order to make out her case. Both these instructions likewise permit a recovery on an entirely different cause of action from that stated in the petition, to-Avit: That…
1Opinion of the CourtJohnson, J.
Action to recover damages alleged to have been caused by the tort of defendant in polluting the water in a well. Plaintiff had judgment in the sum of one hundred dollars and defendant appealed.
Plaintiff and defendant were adjoining proprietors in the city of Excelsior Springs. Plaintiff’s residence was on her lot and defendant operated a gas manufacturing establishment on its property. It is alleged in the petition “that on said premises so owned by plaintiff was dug a well which had been in existence and use for many years prior to the erection of the plant of defendant . . . which said well…
2Cases cited5 opinions
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1896
- Ottawa Gas Light & Coke Co v. GrahamIllinois Supreme Court · 1862
- Kinnaird v. Standard Oil Co.Court of Appeals of Kentucky · 1890
- Stone v. HuntSupreme Court of Missouri · 1887
- First National Bank v. WellsMissouri Court of Appeals · 1903
3Cited by8 opinions
- Frank v. Environmental Sanitation Management, Inc.Supreme Court of Missouri · 1985
- McCombs v. EllsberrySupreme Court of Missouri · 1935
- Rebel v. Big Tarkio Drainage District of Holt CityMissouri Court of Appeals · 1980
- Blydenburgh v. AmelungMissouri Court of Appeals · 1958
- Hemminger v. City of Des MoinesSupreme Court of Iowa · 1925
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