Legal Opinion

Babb v. Curators of the University

Missouri Court of Appeals

Decided March 31, 1890PublishedCited by 10 opinions

Appeal from the Boone Circuit Court. — How. Gr. H. Buecki-iaett, Judge. ' 1) The issue joined in the cause by the pleadings was whether or not defendants were liable for the damage alleged to have been done plaintiff by the use of a sewer put in on the University grounds from the privies in the west end of the University building to a branch or ravine near Sixth street, and the evidence should have been confined to that issue.

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Appeal from the Boone Circuit Court. — How. Gr. H. Buecki-iaett, Judge. ' 1) The issue joined in the cause by the pleadings was whether or not defendants were liable for the damage alleged to have been done plaintiff by the use of a sewer put in on the University grounds from the privies in the west end of the University building to a branch or ravine near Sixth street, and the evidence should have been confined to that issue. Kuhn v. Weil, 73 Mo. 213 ; State to use v. Roberts, 62 Mo. 388 ; Belch v. Railroad, 18 Mo. App. 80-85; Kennedy v. HoTladay, 25 Mo. App. 514; Williams v. Iron Co., 30…

1Opinion of the CourtGill, J.

Plaintiff, the owner of a building and grounds adjoining the University site at Columbia, prosecutes this action against the college corporation to recover damages for the creation of a nuisance on his premises. On a trial in the circuit court plaintiff had a verdict and judgment for. nine hundred and fifty-eight dollars and defendant has appealed.

The evidence adduced tends to establish the substance of the petition, the material portions of which read as follows: For his cause of action against the defendant, the plaintiff states that he is now, and since and prior to the year .1886, has…

2Cases cited6 opinions

  1. Finney v. BerrySupreme Court of Missouri · 1875
  2. Givens v. Van StuddifordSupreme Court of Missouri · 1885
  3. Allen v. MansfieldSupreme Court of Missouri · 1884
  4. Givens v. Van StuddifordSupreme Court of Missouri · 1880
  5. Givens v. Van StuddifordMissouri Court of Appeals · 1877

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3Cited by10 opinions

  1. Todd v. Curators of Mo. UniversitySupreme Court of Missouri · 1941
  2. Watson v. Colusa-Parrot Mining & Smelting Co.Montana Supreme Court · 1905
  3. Hayes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
  4. Keene v. City of HuntingtonWest Virginia Supreme Court · 1917
  5. Bollinger v. American Asphalt Roof Corp.Missouri Court of Appeals · 1929

5 more not listed; retrieve them via the Exa API.

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