Krummenacher v. Western Auto Supply Co.

[473]

TIPTON, J.

— The respondents brought this action in the circuit court of the city of St. Louis for the abatement of a nuisance and they further sought damages by reason of the alleged nuisance in the sum of $1500 for actual damages and $1500 for punitive damages. There was only one count in respondents’ petition. The trial court refused to grant the injunction but awarded the respondents ‡500 for actual damages and one dollar for punitive damages. The respondents did not appeal from that judgment but the appellants duly tools an appeal to the St. Louis Court of Appeals. That court held…