Smiths' v. McConathy
Supreme Court of Missouri
ERROR to Boone Circuit Court. 1. The court erred in refusing to permit plaintiffs to prove that the water in the Bone Feme creek was rendered unfit for the U3e of horses and other stock' and for other domestic purposes at the farm of the plaintiffs; and that the fish in the creek were destroyed and rendered unfit for use by the distillery. 2 Starkie’s Ev., 541. 2. It was error in the court to refuse the 3d instruction asked by the plaintiffs. 2 Starkie, 540-1; Yeeder vs.…
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ERROR to Boone Circuit Court. 1. The court erred in refusing to permit plaintiffs to prove that the water in the Bone Feme creek was rendered unfit for the U3e of horses and other stock' and for other domestic purposes at the farm of the plaintiffs; and that the fish in the creek were destroyed and rendered unfit for use by the distillery. 2 Starkie’s Ev., 541. 2. It was error in the court to refuse the 3d instruction asked by the plaintiffs. 2 Starkie, 540-1; Yeeder vs. Yeeder, 1 Denio, 257; Staple vs. Spring, 10 Mass. R., 74; Woodman, et al, vs. Tufts, et al, 9 N. H. Rep., 88; Greenleaf,…
1Opinion of the CourtNapton, J.
This was an action of trespass on the case for a nuisance. The first count in the declaration charged that the defendant on a day specied erected on his land a distillery and divers slop pools and hog styes, and that defendant fed a large number of hogs in these pools and styes with the slops from said distillery; that large quantities of slops and offal passed from said said styes into a certain creek, called Bonne Femme, the waters of which ran in a direction from the land of the defendant, towards? through and over the lands of the plaintiffs, whereby divers noxious and offensive smells…
2Cited by24 opinions
- Humes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Bower v. Hog Builders, Inc.Supreme Court of Missouri · 1970
- Yeager and Sullivan, Inc. v. O'NEILLIndiana Court of Appeals · 1975
- Clark v. City of SpringfieldMissouri Court of Appeals · 1951
- Givens v. Van StuddifordSupreme Court of Missouri · 1885
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