Thomas v. Concordia, Cannery Co.
Missouri Court of Appeals
Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) The court committed error in refusing to sustain defendant’s demurrer to plaintiffs’ amended petition because said petition failed to state a cause of action in this, that it failed to charge that the acts complained of were done either negligently, unlawfully, maliciously, knowingly, or willfully.
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Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) The court committed error in refusing to sustain defendant’s demurrer to plaintiffs’ amended petition because said petition failed to state a cause of action in this, that it failed to charge that the acts complained of were done either negligently, unlawfully, maliciously, knowingly, or willfully. An actionable nuisance is anything wrongfully done or permitted which injures or annoys another in the enjoyment of his legal rights. It was therefore necessary for the plaintiffs in petition to allege that the acts…
1Opinion of the CourtGill, J.
This is an action for damages arising from an alleged nuisance created by the defendant, coupled with a count in equity praying an injunction to restrain defendant from continuing said nuisance: The count at law vvas tried by jury, resulting in a verdict for $25 in plaintiff’s favor; a trial by the court of the injunction branch resulted likewise in a judgment for plaintiff, and defendant appealed.
Since September, 1892, the plaintiff is and has been the owner and in the possession of forty acres of land, the south line of which comes within about eight hundredfeet of defendant’s canning…
2Cited by2 opinions
- Powell v. Brookfield Pressed Brick & Tile Manufacturing Co.Missouri Court of Appeals · 1904
- Adams v. Clover Hill FarmsOregon Supreme Court · 1917