Northcutt v. Springfield Crushed Stone Co.
Missouri Court of Appeals
Appeal from Greene County Circuit Court. — Eon. Guy D. Kirby, Judge. (1) No injury could- come to defendant from the presence in the petition of two counts, one predicated upon nuisance, the other upon negligence, in view of the power and. duty of the court to eliminate by instruction.
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Appeal from Greene County Circuit Court. — Eon. Guy D. Kirby, Judge. (1) No injury could- come to defendant from the presence in the petition of two counts, one predicated upon nuisance, the other upon negligence, in view of the power and. duty of the court to eliminate by instruction. "White v. St. Louis & Merimac R. R. Co., 202 Mo. 539. (2) "Where defendant has been enjoined from blasting and violated the restraining order, and continued such operations in the face of the order, punitive damages should be recovered. Krebs v. Barn-brick Constr. Co., 144 Mo. App. 649. (3) The record in the…
1Opinion of the CourtFarrington, J.
This is a suit for damages. Trial by jury and verdict for defendant. Plaintiff appeals.
The action was begun in the circuit court of Greene county on a petition alleging ownership of certain lots in the city of Springfield on one of which was a dwelling and some outhouses, fruit trees, shrubbery, and a cistern,,and on another a frame store building, said property adjoining certain property owned by the defendant on which it operated a stone quarry. In carrying on its business, defendant blasted with dynamite and other explosives. The petition charged that the operation of said quarry was a…
2Cases cited13 opinions
- Finney v. BerrySupreme Court of Missouri · 1875
- Lampert v. Judge & Dolph Drug Co.Supreme Court of Missouri · 1911
- Bielman v. Chicago, St. Paul & Kansas City Railway Co.Missouri Court of Appeals · 1892
- Cain v. WintersteenMissouri Court of Appeals · 1910
- Ferguson v. OrchardSupreme Court of Missouri · 1911
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3Cited by1 opinion
- Poston v. Clarkson Construction CompanyMissouri Court of Appeals · 1966