Jack Harvard Zinc & Mining Co. v. Continental Zinc & Lead Mining & Smelting Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Ho». J. D. Perkins, Judge. (1) The plaintiff’s petition does not state facts sufficient to constitute any cause of action nor to entitle the plaintiff to an injunction against the defendants preventing the opening and maintaining of the ditch in question. Rochester v. Mining Co., 86 Mo. App. 447; Arnold v. Bennett, 92 Mo.
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Appeal from Jasper Circuit Court. — Ho». J. D. Perkins, Judge. (1) The plaintiff’s petition does not state facts sufficient to constitute any cause of action nor to entitle the plaintiff to an injunction against the defendants preventing the opening and maintaining of the ditch in question. Rochester v. Mining Co., 86 Mo. App. 447; Arnold v. Bennett, 92 Mo. App. 156. (2) The evidence introduced on the trial is wholly insufficient to justify and support the decree of the trial court making the injunction perpetual, and the trial court erred in overruling the motions, to dissolve the injunction…
1Opinion of the CourtEllison, J.
This proceeding is by injunction whereby plaintiff seeks to enjoin defendants from causing water, slime and mud to be thrown upon and across certain mining lots where plaintiff was mining lead and zinc as licensee. A temporary injunction was granted which, afterwards, on trial was made perpetual. Defendants appealed.
It appears that defendant, The Continental Zinc and Lead Mining and Smelting Company is the owner in fee of a tract of mining land in Jasper county and the other defendant, the Marion Mining Company, is one of its licensees engaged in mining, and that plaintiff' is also one of its…
2Cases cited4 opinions
- State Savings Bank v. KerchevalSupreme Court of Missouri · 1877
- Rochester v. Gate City Mining Co.Missouri Court of Appeals · 1900
- Hartley v. HartleySupreme Court of Missouri · 1898
- Shanklin v. McCrackenSupreme Court of Missouri · 1899
3Cited by1 opinion
- Gates v. SteckelMissouri Court of Appeals · 1913