Babb v. Curators of the University
Missouri Court of Appeals
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
- Finney v. BerrySupreme Court of Missouri · 1875
- Givens v. Van StuddifordSupreme Court of Missouri · 1885
- Allen v. MansfieldSupreme Court of Missouri · 1884
- Givens v. Van StuddifordSupreme Court of Missouri · 1880
- Givens v. Van StuddifordMissouri Court of Appeals · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Todd v. Curators of Mo. UniversitySupreme Court of Missouri · 1941
- Watson v. Colusa-Parrot Mining & Smelting Co.Montana Supreme Court · 1905
- Hayes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Keene v. City of HuntingtonWest Virginia Supreme Court · 1917
- Bollinger v. American Asphalt Roof Corp.Missouri Court of Appeals · 1929
5 more not listed; retrieve them via the Exa API.