Barnett v. St. Francis Levee District
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. The court erred in overruling plaintiff’s objections to the competency of Mike Stevens and Elias Nunn, to hear and try this cause. Bilmeyer v. Transit Co., 108 Mo. App. 6; State v. Fullerton, 90 Mo'. App. 411. (a) Appellant complains that his challenges for cause of jurors Stevens and Nunn should have been sustained. The juror Stevens bad heard a case tried between another person and this defendant.
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Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. The court erred in overruling plaintiff’s objections to the competency of Mike Stevens and Elias Nunn, to hear and try this cause. Bilmeyer v. Transit Co., 108 Mo. App. 6; State v. Fullerton, 90 Mo'. App. 411. (a) Appellant complains that his challenges for cause of jurors Stevens and Nunn should have been sustained. The juror Stevens bad heard a case tried between another person and this defendant. At this trial he was merely a spectator — was not a witness nor a juror in that case. From what he had heard he had formed an…
1Opinion of the CourtGoode, J.
Plaintiff owns a farm on the shore of Half Moon lake in Pemiscot county. The outlet of the lake is Taylor bayou, a natural watercourse with well-defined channel and banks, through which the surplus waters of the lake formerly flowed into the Mississippi river. In 1893, the defendant, acting under statutory authority, built a levee to hold back the overflow waters of the Mississippi from the territory which previously had been frequently submerged. The levee was built as a solid dirt embankment across Taylor bayou, a short distance from the lake and obstructed the drainage of the lake. The…
2Cases cited12 opinions
- State v. FoleySupreme Court of Missouri · 1898
- Polly v. McCallSupreme Court of Alabama · 1860
- Prentiss v. WoodMassachusetts Supreme Judicial Court · 1882
- Union Trust Co. v. CuppySupreme Court of Kansas · 1882
- New York, Chicago & St. Louis Railroad v. Hamlet Hay Co.Indiana Supreme Court · 1897
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3Cited by3 opinions
- Board of Directors of St. Francis Levee District v. BartonSupreme Court of Arkansas · 1909
- Burke v. McKenzieSupreme Court of Oklahoma · 1957
- Atchison, T. & S. F. Ry. Co. v. HadleySupreme Court of Oklahoma · 1934