Schumacher v. Shawhan Distillery Co.
Missouri Court of Appeals
Appeal from Platte Circuit Court. — Hon. A. D. Burnes, Judge. Every presumption is to be indulged in favor of the order granting a new trial, and where the verdict is set aside, as in this case, for the reason that in the opinion of the court the verdict is the result of passion, prejudice or misbehavior, the judgment should always be affirmed, if there is substantial evidence in the record tending to establish a theory of the case contrary to the verdict.
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Appeal from Platte Circuit Court. — Hon. A. D. Burnes, Judge. Every presumption is to be indulged in favor of the order granting a new trial, and where the verdict is set aside, as in this case, for the reason that in the opinion of the court the verdict is the result of passion, prejudice or misbehavior, the judgment should always be affirmed, if there is substantial evidence in the record tending to establish a theory of the case contrary to the verdict. Dickman v. Hespos, 141' Mo. App. 119; Bank v. Wood, 124 Mo. 72; Secrist v. Eubank, 104 M'o. App. 113; Iron Mountain Bank v. Armstrong, 92…
1Opinion of the CourtBroaddus, P. J.
This is an action for damages for the pollution of a stream of water. The plaintiff is the owner of a tract of land in Platte county, through which flows a stream of water, and the defendants own a tract adjoining that of plaintiff. The defendants are engaged in distilling whisky. The distillery is situated on the stream above the land of plaintiff. In the operation of the distillery the grain used for the purpose is first allowed to ferment, after which the whisky is extracted, leaving the residue of the grain, which is fed to cattle and hogs. Near the distillery defendant had cattle pens…
2Cases cited4 opinions
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Metropolitan Lead & Zinc Mining Co. v. WebsterSupreme Court of Missouri · 1906
- Friedman v. Pulitzer Publishing Co.Missouri Court of Appeals · 1903
- Sharp v. OdomMissouri Court of Appeals · 1906
3Cited by1 opinion
- Schumacher v. Shawhan Distillery Co.Missouri Court of Appeals · 1914