SMITHPETER v. WABASH R. CO.

No. 41022.

231 S.W.2d 135 (1950)

SMITHPETER et al. v. WABASH R. CO.

Supreme Court of Missouri, en Banc.

Rehearing Denied July 10, 1950.


Attorney(s) appearing for the Case

J. H. Miller, St. Louis, Graham & Stipp, Carrollton, Sam B. Sebree, Sebree, Shook, Hardy & Hunter, all of Kansas City, for appellant.

Joe H. Miller, Carrollton, D. D. Thomas, Jr., Carrollton, George H. Miller, Sedalia, for respondents.


CONKLING, Judge.

In their consolidated action in twenty-five counts for damages for alleged destruction or damage to their crops by flood waters, in alleged violation by the railroad of Sec. 5222, both Mo.R.S., 1939, and Mo.R.S.A., plaintiffs-respondents recovered a judgment aggregating $20,585.40. The defendant Wabash Railroad Company appealed.

The appeal was first heard in Division Two of this court. That division, in an opinion prepared by Commissioner...

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