STRUCKHOFF v. THOMPSON

No. 28163.

241 S.W.2d 39 (1951)

STRUCKHOFF et ux. v. THOMPSON.

St. Louis Court of Appeals. Missouri.

June 19, 1951.


Attorney(s) appearing for the Case

Theodore P. Hukriede, Washington, for appellants.

Ragland, Otto, Potter & Carson, Jefferson City, Leon P. Embry, California, for respondent.


HOUSER, Commissioner.

This is a landowners' action for damages against a railroad for negligently flooding lands abutting the right of way. This appeal is from the judgment of the circuit court sustaining defendant's motion for judgment on the pleadings.

A motion for judgment on the pleadings raises only issues of law and will lie only when the moving party, on the face of the pleadings, is entitled to judgment as a matter of law, Hunter v. Delta Realty Co...

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