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FERGUSON v. UNION ELEC. CO. OF MISSOURI

No. 45572.

305 S.W.2d 401 (1957)

Woodrow FERGUSON, G. C. Ferguson, Berney Ferguson, Maude Eoff, Elvin Hubbs, Lena Wilson, Beulah S. Drake, and R. J. Evans; and Homer Henderson, Plaintiffs-Respondents, UNION ELECTRIC COMPANY OF MISSOURI, a Corporation, Defendant-Appellant.

Supreme Court of Missouri. Division No. 1.

Rehearing Denied October 14, 1957.

Attorney(s) appearing for the Case

Harry H. Kay, Eldon, H. C. Salveter, Sedalia, John A. Woodbridge, St. Louis, of counsel, for appellant.

George H. Miller, Sedalia, Ralph B. Nevins, Hermitage, for respondents.

WESTHUES, Judge.

Plaintiffs, nine in number, filed this suit against the Union Electric Company of Missouri for damages to their crops caused by floodwaters in June and July, 1951. The petition, consisting of seven counts, involved the flooding of land on five farms, two of which were located on the Osage River, two on the Pomme de Terre River, and one on Hogles Creek. The last two streams are tributaries of the Osage River. Plaintiffs' claims were based on the theory...

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