Krebs v. Bambrick Bros. Construction Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Virgil Rule, Judge. Instruction No. 2 is had because plaintiffs could not recover for both the damage inflicted on the building and for the loss of rent. Trust Co. v. Bambrick, 149 Mo. 560; Sheehy v. Street Ry., 94 Mo. 574; Martin v. Railroad, 47 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Virgil Rule, Judge. Instruction No. 2 is had because plaintiffs could not recover for both the damage inflicted on the building and for the loss of rent. Trust Co. v. Bambrick, 149 Mo. 560; Sheehy v. Street Ry., 94 Mo. 574; Martin v. Railroad, 47 Mo. App. 452. ■ (1) The measure of damages arising from a continuing nuisance is the actual damage up to the beginning of the action, without reference to the value of the inheritance. Ready v. Railroad, 98 Mo. 470; Smith v. Railroad, 98 Mo. 20; Irie v. Minigal, 66 Mo. App. 437; Pinney v. Berry, 61…
1Opinion of the CourtCox, J.
Plaintiffs are joint owners of certain real estate in the city of St. Louis on which were located some three or four buildings, some of which had shingle roofs and some composition roofs. Defendant is a corporation and opened a stone quarry near plaintiffs’ buildings, and in the operation of such quarry, dirt and stones were thrown on to plaintiffs’ ground and on to their buildings, injuring the roofs of the buildings, and upon one occasion a large stone weighing ninety pounds was thrown on to the roof of one building, through which it crashed, broke through the ceiling and demolished a wash…
2Cases cited5 opinions
- St. Louis Trust Co. v. BambrickSupreme Court of Missouri · 1899
- Foncannon v. City of KirksvilleMissouri Court of Appeals · 1901
- Smith v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Ready v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1903
- Paddock v. SomesMissouri Court of Appeals · 1892
3Cited by7 opinions
- McElwain v. Georgia-Pacific Corp.Oregon Supreme Court · 1966
- Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.Idaho Supreme Court · 1933
- City of Harrisonville, Mo. v. WS Dickey Clay Mfg. Co.Court of Appeals for the Eighth Circuit · 1932
- Ruppel v. Ralston Purina CompanySupreme Court of Missouri · 1968
- Kelley v. City of Cape GirardeauMissouri Court of Appeals · 1934
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