Paddock v. Somes
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The verdict is excessive. By the plaintiff’s instruction, numbered 2, the court limits the right of' recovery to compensation for injuries done plaintiff’slot by drainage or sewage flowing through the pipe laid, under Broadway by defendant from April 21, 1886, today of verdict.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The verdict is excessive. By the plaintiff’s instruction, numbered 2, the court limits the right of' recovery to compensation for injuries done plaintiff’slot by drainage or sewage flowing through the pipe laid, under Broadway by defendant from April 21, 1886, today of verdict. And, by the third of the defendant’s instructions, the court excluded all permanent or prospective injuries from the consideration of the jury. There was no evidence of injury to the lots for building purposes except of $50 paid to the…
1Opinion of the CourtBiggs, J.
This suit was instituted on the twenty-second day of May, 1886. Its object was to enjoin the continuation of a nuisance and to recover damages to plaintiff’s land for its continuation. The petition alleges that, in a former action between the same parties, the right of the defendant to erect the nuisance complained of had been decided adversely to him. The defendant is, and for several years previous to the institution of the present suit was, the owner of several “tenement houses on the west side of North Broadway in the city of St. Louis, and the plaintiff is the owner ■of vacant lots…
2Cases cited7 opinions
- Paddock v. SomesSupreme Court of Missouri · 1890
- Finney v. BerrySupreme Court of Missouri · 1875
- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- White v. MaxcySupreme Court of Missouri · 1877
- State v. HickamSupreme Court of Missouri · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gorham v. City of New HavenSupreme Court of Connecticut · 1907
- Ivie v. McMunigalMissouri Court of Appeals · 1896
- Krebs v. Bambrick Bros. Construction Co.Missouri Court of Appeals · 1910
- Tegeler v. Kansas CityMissouri Court of Appeals · 1902
- Turner v. StateMississippi Supreme Court · 1909