St. Louis Trust Co. v. Bambrick
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Pembrook R. Flitcraet, Judge. (1) The petition herein fails to state facts sufficient to constitute a cause of action. The petition does not allege the value of the land before the overflow, and the value of the land-after the overflow; or the fair rental value of the land from the time when the injury commenced to the date of suit. Gould on Waters, sec. 211; Paddock v. Somes, 51 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Pembrook R. Flitcraet, Judge. (1) The petition herein fails to state facts sufficient to constitute a cause of action. The petition does not allege the value of the land before the overflow, and the value of the land-after the overflow; or the fair rental value of the land from the time when the injury commenced to the date of suit. Gould on Waters, sec. 211; Paddock v. Somes, 51 Mo. App. 321. (2) The court at the instance and request of the plaintiff gave an illegal and improper instruction. (3) The instruction given by the court on the…
1Opinion of the CourtBuegess, J.
This suit was commenced by Anna F. McDonald for damages to a small tract of land, and a stone quarry thereon, of which she was the owner, by defendant’s filling up with'dirt on his land the channel of a stream of water which flows through her land, and also through defendant’s, thereby backing the water up and flooding said quarry and land.
The plaintiff recovered a verdict in the sum of $3,000, and after an unsuccessful motion to set the same aside defendant appeals.
Since the case has been pending in this court, Anna P. McDonald has deceased, and the cause revived in the name of the plaintiff…
2Cases cited2 opinions
- Sheehy v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1887
- Martin v. Chicago, Santa Fe & California Railway Co.Missouri Court of Appeals · 1892
3Cited by16 opinions
- Guild v. MoreNorth Dakota Supreme Court · 1915
- Gulf, M. O. R. v. Smith-BrennanMissouri Court of Appeals · 1949
- Weller v. Missouri Lumber & Mining Co.Missouri Court of Appeals · 1913
- Cirese v. SpitcaufskyMissouri Court of Appeals · 1954
- Faust v. PopeMissouri Court of Appeals · 1908
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