Thoele v. Marvin Planing Mill Co.
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Son. G. A. Wurdeman, Judge. (1) The amended petition does not state a cause of action. Cox v. Railroad, 174 Mo. 588; Beauchamp v. Taylor, 132 Mo. App. 92; Mehonray v. Foster, 132 Mo. App. 229; McCormick v. Railroad, 57 Mo. 433; Abbott v. Railroad, 83 Mo. 271; Gannon v. Hargadon, 87 Am. Dec. 625. (2) Plaintiff must prove her case as alleged, though including unnecessary allegations. Dunlap v. Keely, 105 Mo. App. 1, 115 Mo.
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Appeal from St. Louis County Circuit Court. — Son. G. A. Wurdeman, Judge. (1) The amended petition does not state a cause of action. Cox v. Railroad, 174 Mo. 588; Beauchamp v. Taylor, 132 Mo. App. 92; Mehonray v. Foster, 132 Mo. App. 229; McCormick v. Railroad, 57 Mo. 433; Abbott v. Railroad, 83 Mo. 271; Gannon v. Hargadon, 87 Am. Dec. 625. (2) Plaintiff must prove her case as alleged, though including unnecessary allegations. Dunlap v. Keely, 105 Mo. App. 1, 115 Mo. App. 612. (3) Plaintiff’s instructions 1 and 2, should have been refused. Citations under point 1. (4) Defendant’s instruction,…
1Opinion of the CourtReynolds, P. J.
This is an action for damages to the premises of plaintiff, alleged to have been sustained by reason of defendant piling lumber on its premises and immediately adjoining those of plaintiff, in such a manner as to cause the water which fell on this lumber to drain over on to plaintiff’s premises and injure them.
The petition sets out that on a day named defendant being in possession of the premises described as adjoining those of plaintiff, wrongfully, wilfully and maliciously piled lumber upon its land “in great water sheds or lumber piles, slanting from west to east, thereby wrongfully,…
2Cases cited8 opinions
- Paddock v. SomesSupreme Court of Missouri · 1890
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1870
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Shane v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1879
- McCormick v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1879
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3Cited by1 opinion
- Jesel v. BenasMissouri Court of Appeals · 1913