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RUTLEDGE v. UNION ELECTRIC COMPANY OF MISSOURI

No. 44341.

280 S.W.2d 670 (1955)

Jack T. RUTLEDGE and Gladys P. Rutledge, Appellants, v. UNION ELECTRIC COMPANY OF MISSOURI, a corporation, Respondent.

Supreme Court of Missouri. Division No. 1.

Motion for Rehearing or to Transfer to Denied July 11, 1955.

Attorney(s) appearing for the Case

Henry G. Eager, Roy P. Swanson, Kansas City, Austin Walden, Moberly, for appellants. Blackmar, Newkirk, Eager, Swanson & Midgley, Kansas City, of counsel.

Harry H. Kay, Eldon, Hunter, Chamier & Motley, Moberly, for respondent. John A. Woodbridge, St. Louis, of counsel.

Motion for Rehearing or to Transfer to Court en Banc Denied July 11, 1955.

PER CURIAM.

Plaintiffs had verdict and judgment against defendant for $16,778.30. Upon defendant's motion, the trial court set aside the verdict and judgment and entered judgment for defendant. Plaintiffs appealed.

Defendant is the owner and operator of Bagnell Dam and power plant (completed in 1931) across the Osage River in Miller County. The top of the dam is at elevation...

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