Zugg v. Arnold
Missouri Court of Appeals
Appeal from the Scotland Circuit Court. — Hon. Edwin R. McKee, Judge. The court may in its discretion take the opinion of the jury, but he may disregard the findings. Bronson v. Wanzer, 86 Mo. 408. In such case, however, the court m its discretion may take the opinion of the jury upon any specific question of fact, still it is not bound theieby and it may adopt or reject the same according to its best judgment. Same as above.
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Appeal from the Scotland Circuit Court. — Hon. Edwin R. McKee, Judge. The court may in its discretion take the opinion of the jury, but he may disregard the findings. Bronson v. Wanzer, 86 Mo. 408. In such case, however, the court m its discretion may take the opinion of the jury upon any specific question of fact, still it is not bound theieby and it may adopt or reject the same according to its best judgment. Same as above. A chancellor has the undoubted right to take the opinion of a jury on one or all the issues. He may adopt their conclusion, but is not bound by it. Hickey v. Drake, 47…
1Opinion of the Court
Biggs, J. —
This is a proceeding in equity to abate a nuisance. The plaintiffs are husband and wife. Their residence is situated on twelve acres of ground near the city of Memphis. The defendants own an adjoining tract of land on which is located a slaughterhouse, which was operated by the defendants at the time the suit was instituted. The plaintiffs complain that the noxious smells and odors which come continuously from the slaughterhouse, penetrate their dwelling, thereby rendering it unfit for occupation; that the smells and odors materially affect the comfort of plaintiffs and other…
2Cited by5 opinions
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- McKinney v. NorthcuttMissouri Court of Appeals · 1905
- Sitterle v. Victoria Cold Storage Co.Court of Appeals of Texas · 1930
- State Ex Rel. Renfrow v. Service Cushion Tube Co.Supreme Court of Missouri · 1927
- Sitterle v. Victoria Cold Storage Co.Court of Appeals of Texas · 1930