Stewart v. City of Marshfield

STONE, Judge.

In this “action for damages to land by reason of permanent nuisance” (as plaintiffs’-appellants’ counsel characterize and classify it in the first sentence of their brief), plaintiffs Charles and Joan Stewart, husband and wife, obtained on June 23,1966, a ten-member jury verdict for $2,500 upon which judgment then was entered. (All emphasis herein is ours.) In response to the timely after-trial motion of defendant City of Marshfield, Missouri, the trial court entered an order on August 29, 1966, sustaining that motion and granting a new trial to defendant on the specified ground…