Rector v. Tobin Construction Company

LEEDY, Judge.

Action to recover double damages under § 236.270, RSMo 1959 and V.A.M.S., for the trespass of backing up water on and overflowing lands of the respective plaintiffs to the injury and damage of growing crops thereon, allegedly in consequence of defendant having dammed and obstructed a watercourse in violation of said statute. Trial to the court without a jury; judgment for defendant; plaintiffs appealed, and the St. Louis Court of Appeals reversed and remanded for new trial. On defendant’s application to this court, the case was ordered transferred here under Art. V, § 10,…