Smith v. City of Sedalia
Supreme Court of Missouri
Appeal from the Pettis Oweuit Oourt. — Hon. George " E. Longan, Judge. (1) The judgment of the circuit court granting the plaintiff a new trial must be reversed. That court failed to comply with section 2241, E. S. 1889, which provides that every order allowing a new trial shall specify of record the ground or grounds on which said new trial is granted. Miller v. Madison Car Co., 130 Mo. 517; Lumber Co. v. Christophel, 59 Mo.
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Appeal from the Pettis Oweuit Oourt. — Hon. George " E. Longan, Judge. (1) The judgment of the circuit court granting the plaintiff a new trial must be reversed. That court failed to comply with section 2241, E. S. 1889, which provides that every order allowing a new trial shall specify of record the ground or grounds on which said new trial is granted. Miller v. Madison Car Co., 130 Mo. 517; Lumber Co. v. Christophel, 59 Mo. App. 80. (2) A new trial should not be granted except for error that is prejudicial to the substantial rights of the complaining party upon the merits of the case, and…
1Opinion of the CourtValliant, J.
This is a suit for damages against the city of Sedalia for the alleged wrongful pollution of the water of a natural stream which flows through the plaintiff’s farm.
The petition alleges that the plaintiff owns a farm adjoining the city, through which flows Cedar creek, a stream affording an abundant supply of water for stock and other farm purposes, .which, until the injury complained of, was fresh, pure and wholesome, and greatly enhanced the value of the land and the enjoyment of its use and occupancy; but that the defendant city had constructed a system of sewers which collected and carried…
2Cases cited9 opinions
- Rude v. City of St. LouisSupreme Court of Missouri · 1887
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Pitzman v. BoyceSupreme Court of Missouri · 1892
- Joplin Consolidated Mining Co. v. City of JoplinSupreme Court of Missouri · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Metropolitan St. Louis Sewer District v. ZykanSupreme Court of Missouri · 1973
- Anthony v. Kennard Building Co.Supreme Court of Missouri · 1905
- King Smith v. Kansas City Life Insurance Co.Supreme Court of Missouri · 1942
- Riggs v. City of SpringfieldSupreme Court of Missouri · 1939
- Fletcher v. City of IndependenceMissouri Court of Appeals · 1986
42 more not listed; retrieve them via the Exa API.