Good v. West Mining Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. David E. Blair, Judge. (1) Defendant had a right to make a reasonable use of the course of drainage and could not be held liable for damages unless it exceeded its rights in the use of said ditch. 30 Amer. and Eng. Ency. Law (2 Ed.), 382. (2) The defendant could not be held liable for damage done by others, acting independently of defendant.
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Appeal from Jasper Circuit Court. — Eon. David E. Blair, Judge. (1) Defendant had a right to make a reasonable use of the course of drainage and could not be held liable for damages unless it exceeded its rights in the use of said ditch. 30 Amer. and Eng. Ency. Law (2 Ed.), 382. (2) The defendant could not be held liable for damage done by others, acting independently of defendant. There was no joint liability, and, even though it may have been a difficult matter to determine how much damage was done by defendant alone, it was the duty of plaintiff to furnish some evidence upon which the jury…
1Opinion of the CourtCox, J.
Action for damages alleged to have been caused by defendant while conducting mining operations on higher land, discharging water and sediment called “sludge” from its mine in such a manner that it washed down upon the land owned and leased by plaintiff and overflowed a ditch running through plaintiff’s land, causing permanent injury to part of the land and destruction to crops growing thereon, and on other portions of the land. Yerdict for plaintiff for five hundred dollars. The court required a remittitur of two hundred dollars, judgment was entered, for three hundred dollars, and. defendant…
2Cases cited4 opinions
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- Hobbs v. Amador & Sacramento Canal Co.California Supreme Court · 1884
- Franklin v. ButcherMissouri Court of Appeals · 1910
- Robinson v. Black Diamond Coal Co.California Supreme Court · 1881
3Cited by2 opinions
- Reynolds Metal Co. v. BallSupreme Court of Arkansas · 1950
- Ravndal v. Northfork PlacersIdaho Supreme Court · 1939