Ogle v. Terminal Railroad Ass'n of St. Louis

ALDEN A. STOCKARD, Special Judge.

This is an action in twenty-four separate counts by landowners for damages from flooding claimed to have been caused by defendant’s failure to comply with the minimum requirements of § 389.660, RSMo 1969, pertaining to the construction of suitable openings in the roadbed of a railroad to drain and carry off water. The jury verdict, totaling $12,000.00, was set aside by the trial court and judgment was entered for defendant in accordance with its motion for a directed verdict. In the alternative, the trial court ordered a new trial for the giving of Instruction…