Paddock v. Somes
Supreme Court of Missouri
Appeal from St. Louis .City Circuit Court. — Hon. Griso. W. Ludke, Judge. (1) The court erred in striking out that part of plaintiff ’ s petition, praying for an injunction. Henderson v. Hide son, 50 Mo. 161; Mulholland v. Rapp, 50 Mo. 42; Thompson v. District, 71 Mo. 495 ; Sapping-ton •». Railroad, 14 Mo. App. 86; Hall v. Johnson, 57 Mo. 521. (2) The court erred in refusing instructions' asked by plaintiff.
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Appeal from St. Louis .City Circuit Court. — Hon. Griso. W. Ludke, Judge. (1) The court erred in striking out that part of plaintiff ’ s petition, praying for an injunction. Henderson v. Hide son, 50 Mo. 161; Mulholland v. Rapp, 50 Mo. 42; Thompson v. District, 71 Mo. 495 ; Sapping-ton •». Railroad, 14 Mo. App. 86; Hall v. Johnson, 57 Mo. 521. (2) The court erred in refusing instructions' asked by plaintiff. Abbott v. Railroad, 83 Mo. 271; McCormiclc v. Railroad, 57 Mo. 483; Shane n. Railroad, 71 Mo. 237; Martin v. Benoist, 20 Mo. App. 262; (3) The court erred in the instructions given of its…
1Opinion of the CourtShebwood, J.
— John Paddock brought this suit against Samuel Somes for having unlawfully laid a drain pipe across North Broadway from his premises to lots belonging to plaintiff and on which he resided and for continuing to maintain the same, thus wrongfully causing and continuing the discharge of water, drainage and sewerage from defendant’s premises onto lots of plaintiff. Plaintiff asked for damages and for an injunction. The plaintiff had previously recovered a verdict and judgment for a nominal sum against the defendant for a like wrong. That judgment remains unreversed.
It was admitted at the trial…
2Cases cited17 opinions
- Stewart v. City of ClintonSupreme Court of Missouri · 1883
- Pomeroy v. BentonSupreme Court of Missouri · 1874
- Grove v. City of KansasSupreme Court of Missouri · 1882
- Howell v. StewartSupreme Court of Missouri · 1873
- Dickson v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
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3Cited by88 opinions
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- White v. SmithMissouri Court of Appeals · 1969
- S. C. Loveland, Inc. v. East West Towing, Inc.Court of Appeals for the Fifth Circuit · 1979
- Clark v. City of SpringfieldMissouri Court of Appeals · 1951
- Johnston v. City of GalvaIllinois Supreme Court · 1925
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