Thurmond v. Ash Grove White Lime Ass'n
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Son. James T. Seville, Judge. Every unauthorized entry upon the land of another is an actionable trespass and entitles plaintiff to a ver diet whether actual damages result or not. 1 Sutherland on Damages, chap. 2, pp. 9, 13; 3 Sutherland on Damages, chap. 15, p. 364; Jones v. Hannovan, 55 Mo. 468; State to use y. Rayburn, 22 Mo. App. 305; Clay v. Board, 85 Mo. App. 241; Mize v. Glenn, 38 Mo.
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Appeal from Greene Circuit Court. — Son. James T. Seville, Judge. Every unauthorized entry upon the land of another is an actionable trespass and entitles plaintiff to a ver diet whether actual damages result or not. 1 Sutherland on Damages, chap. 2, pp. 9, 13; 3 Sutherland on Damages, chap. 15, p. 364; Jones v. Hannovan, 55 Mo. 468; State to use y. Rayburn, 22 Mo. App. 305; Clay v. Board, 85 Mo. App. 241; Mize v. Glenn, 38 Mo. App. 105. A judgment for defendant where plaintiff is entitled to nominal damages, will he reversed. State to use v. Rayburn, 22 Mo. App. 305; Clay v. Board, 85 Mo.…
1Opinion of the CourtGoode, J.
Plaintiff owns a farm adjacent to land in which are the quarries where defendant blasts rock to use in the manufacture of lime. Plaintiff says he has been damaged by defendant’s careless mode of blasting. The precise acts of negligence are alleged to be .the “placing of very large charges of explosives in the blasts, giving the drill holes a slanting direction and failing to cover the same prior to touching off the blasts.” Blasting in that way is alleged to have thrown rocks on plaintiff’s pasture and cornfields, to have broken the fences and wires on his farm and to have thrown stones on…
2Cited by3 opinions
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