SUMMERS v. TAVERN ROCK SAND COMPANY

No. 46381.

315 S.W.2d 201 (1958)

Richard A. SUMMERS and Mary E. Summers, Plaintiffs-Appellants, v. The TAVERN ROCK SAND COMPANY, a Corporation, Defendant-Respondent.

Supreme Court of Missouri, Division No. 1.

July 14, 1958.


Attorney(s) appearing for the Case

B. Richards Creech, St. Charles, for appellants.

Robert V. Niedner, Niedner & Niedner, St. Charles, John M. Goodwin, Hocker, Goodwin & MacGreevy, St. Louis, for respondent.


VAN OSDOL, Commissioner.

Plaintiffs, Richard A. Summers and Mary E. Summers, husband and wife, instituted this action in three counts against defendant, The Tavern Rock Sand Company, the operator of a quarry approximately three miles east of Augusta in St. Charles County. In Count I, plaintiffs sought recovery of $14,500 for damage to their dwelling and other improvements allegedly due to vibrations and concussions occasioned...

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