Swineford v. Franklin County
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. This is an action brought by the owners of a mill and mill-site in Franklin county, to recover damages for the filling up of their mill race. The petition alleges that the plaintiffs were carrying on a profitable milling business, and that defendant, by its agents, destroyed the race which conveyed to their mill the necessary stream of water; and thus deprived the plaintiffs of the use and value of their mill, etc.
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Appeal from St. Louis Court of Appeals. This is an action brought by the owners of a mill and mill-site in Franklin county, to recover damages for the filling up of their mill race. The petition alleges that the plaintiffs were carrying on a profitable milling business, and that defendant, by its agents, destroyed the race which conveyed to their mill the necessary stream of water; and thus deprived the plaintiffs of the use and value of their mill, etc. The answer is a general denial. The evidence tended to show that the plaintiffs, about the year 1867, purchased land on the Maramec river,…
1Opinion of the CourtSherwood, C. J.
The case of Reardon v. St. Louis Co., 36 Mo. 555, is decisive of this case, and precludes plaintiffs *283of any recovery, if the ruling in that case is to be followed in the present instance. My associates are of opinion to follow that case, and this must result in the affirmance of the judgment. I do not concur in this ruling, believing that the alleged distinction between the liability of municipal corporations and the non-liability of quasi corporations under like circumstances, is based upon, precedent rather than reason, and is not sound. Henry, J., concurs with me. Judgment affirmed.
Hough,…
2Cases cited3 opinions
- Reardon v. St. Louis CountySupreme Court of Missouri · 1865
- Hannon v. County of St. LouisSupreme Court of Missouri · 1876
- Miller v. Iron CountySupreme Court of Missouri · 1859
3Cited by17 opinions
- Board of Commissioners v. AllmanIndiana Supreme Court · 1895
- Templeton v. Linn CountyOregon Supreme Court · 1892
- Clark v. Adair CountySupreme Court of Missouri · 1883
- Hill-Behan Lumber Co. v. State Highway CommissionSupreme Court of Missouri · 1941
- Krueger v. Board of EducationSupreme Court of Missouri · 1925
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