Finney v. Berry
Supreme Court of Missouri
Appeal from Jasper County Court of Common Pleas. I. Defendant bought the mill and dam long after the same was erected, and defendant did not heighten it, nor. is there any proof that plaintiff gave defendant notice of the injury with a special request to remove said dam before the bringing of this suit. (Ang. Wat. Cours., § 408; 1 Hill. Torts, 621, §26.) II. -The court erred in refusing defendant’s instruction numbered four.
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Appeal from Jasper County Court of Common Pleas. I. Defendant bought the mill and dam long after the same was erected, and defendant did not heighten it, nor. is there any proof that plaintiff gave defendant notice of the injury with a special request to remove said dam before the bringing of this suit. (Ang. Wat. Cours., § 408; 1 Hill. Torts, 621, §26.) II. -The court erred in refusing defendant’s instruction numbered four. (6 Mo., 228). The court erred in admitting plaintiff’s evidence of a diminution of the salable value of plaintiff’s farm and homestead, and of the value of a spring or…
1Opinion of the CourtNapton, Judge
This action- was brought to recover damages for an alleged nuisance caused by a dam across a river called North Eork. ■ The plaintiff owned a small farm just above the dam, and alleged in his petition that defendant “erected and maintained” a dam, which caused the water in the river to flow up a branch running from plaintiff’s house down the river, and thus destroyed the value of about twenty acres of his land, and impaired the drainage of the remainder, and cut off convenient communication with a part of his land on the side of the river opposite to his dwelling house, and that this overflow…
2Cases cited1 opinion
- Conhocton Stone Road v. Buffalo, New York & Erie RailroadCommission of Appeals · 1873
3Cited by75 opinions
- Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
- Beetschen v. Shell Pipe Line Corp.Missouri Court of Appeals · 1952
- Smoot v. Kansas CitySupreme Court of Missouri · 1906
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