Ivie v. McMunigal
Missouri Court of Appeals
Appeal from the Jasper ■Circuit Court. — Hon. E. C. Crow, Judge, (1) The petition did not state a cause of action. Randle v. Railroad, 65 Mo. 325; Whitfield v. The Town of Carrollton, 50 Mo. App. 98; Berlin v. Thompson, 61 Mo.
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Appeal from the Jasper ■Circuit Court. — Hon. E. C. Crow, Judge, (1) The petition did not state a cause of action. Randle v. Railroad, 65 Mo. 325; Whitfield v. The Town of Carrollton, 50 Mo. App. 98; Berlin v. Thompson, 61 Mo. App. 235. (2) Where the nuisance is such as may be removed (or stopped) at any time and the damage does not go to the inheritance, the measure of damages is the loss actually sustained prior to the institution of the suit, and not to any supposed permanent damage to the real estate. Bielman v. Railroad, 50 Mo. App. 151; Paddock v. Somes, 51 Mo. App. 320; Carson v.…
1Opinion of the CourtSmith, P. J.
This is an action to recover damages for private nuisance. The petition alleged that defendant, Mary A. McMunigal, purchased two lots lying due south of and contiguous to the lots owned by plaintiff and on which there was located the latters’ dwelling house; 1 'that upon the purchase of said lots, *440the defendants wrongfully erected thereon, and within thirty-six feet of plaintiff’s dwelling house, a large foundry and machine shop, and has, since the-day of January, 1895, continued to wrongfully, willfully and negligently work and operate the same, so that a large amount of dirt and cinders…
2Cases cited11 opinions
- Finney v. BerrySupreme Court of Missouri · 1875
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Dickson v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Van Hoozier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Ex Parte CrenshawSupreme Court of Missouri · 1883
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3Cited by8 opinions
- Thompson v. HodgeMissouri Court of Appeals · 1961
- Hayes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Blankenship v. Kansas Explorations, Inc.Supreme Court of Missouri · 1930
- McCracken v. Swift & Co.Missouri Court of Appeals · 1923
- Boothe v. City of FultonMissouri Court of Appeals · 1900
3 more not listed; retrieve them via the Exa API.