Davis v. J.C. Nichols Co.

SHANGLER, Presiding Judge.

The plaintiffs Davis and Correll appeal from a summary judgment entered on their petition for damages for private nuisance against the defendants J.C. Nichols Company and Harwood Operating Company for the unreasonable use of their parking lot. The plaintiffs complain that the summary judgment violates the mandate and opinion of this court in Davis v. J.C. Nichols Co., 714 S.W.2d 679 (Mo.App.1986), which remanded the cause to the circuit court “for a new trial, all in accordance with the Opinion of this Court.” The plaintiffs argue that the summary judgment violates…