Berlin v. Thompson
Missouri Court of Appeals
Appeal from the Lewis Circuit Cotirt.—Hon. Ben E. Tubneb, Judge. (1) A change of venue should have been granted on the application of defendants. It was timely and in the form prescribed by the statute. R. S. 1889, secs. 2259-2262; Bowling v. Allen, 88 Mo. 293; Gorpeny v. City of Sedalia, 57 Mo. 88; Reed v. State, 11 Mo. 380. (2) There is no evidence upon which to base the instruction for punitive damages.
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Appeal from the Lewis Circuit Cotirt.—Hon. Ben E. Tubneb, Judge. (1) A change of venue should have been granted on the application of defendants. It was timely and in the form prescribed by the statute. R. S. 1889, secs. 2259-2262; Bowling v. Allen, 88 Mo. 293; Gorpeny v. City of Sedalia, 57 Mo. 88; Reed v. State, 11 Mo. 380. (2) There is no evidence upon which to base the instruction for punitive damages. State v. Jungling, 116 Mo. 162; Whalen v. Centenary Church, 62 Mo. 324; Jones v. Honovan, 55 Mo. 462; .JEngle v. Jones, 51 Mo. 316; Frans v. Hildebrand, 45 Mo. 121; Niemets v. St. Louis,…
1Opinion of the CourtBond, J.
—The petition in this case is for damages alleged to have been caused by a private nuisance. The first count of the petition states that defendants so operated a quarry, adjoining plaintiff’s premises, as to cause rock, thrown off in blasting, to fall upon and injure the residence and other buildings of plaintiff, to cover his premises with rock, to disturb the comfort and health of his family, and deter them from their business avocations, all allegedto have been done by defendants in a reckless, wanton and oppressive manner.
The second count alleges injuries to the health of plaintiff and…
2Cases cited4 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1891
- State ex rel. Cottrell v. WoffordSupreme Court of Missouri · 1894
- Whalen v. Centenary Church of the City of St. LouisSupreme Court of Missouri · 1876
- State ex rel. McClenden v. JunglingSupreme Court of Missouri · 1893
3Cited by7 opinions
- State Ex Rel. Shriners' Hospitals for Crippled Children v. HensleyMissouri Court of Appeals · 1964
- Cannon v. NiklesMissouri Court of Appeals · 1941
- Bruce Lumber Co. v. HoosMissouri Court of Appeals · 1896
- Darr v. CohenNew York Supreme Court · 1916
- Lewis v. JannoupouloMissouri Court of Appeals · 1897
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