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RECTOR v. TOBIN CONSTRUCTION COMPANY

No. 30710.

351 S.W.2d 816 (1961)

Finis RECTOR, James Rector, Gladys Rector, Billy Newlin, Jim T. Newlin, Letha M. Newlin, LaVerne Hyde and Mildred Hyde, (Plaintiffs) Appellants, v. TOBIN CONSTRUCTION COMPANY, Inc., a Corporation, (Defendant) Respondent.

St. Louis Court of Appeals. Missouri.

Motion for Rehearing or to Transfer Denied December 26, 1961.

Attorney(s) appearing for the Case

Charles A. Powell, Jr., Macon, for appellants.

William H. Becker and Terence C. Porter, Columbia, Bollow, Crist & Oswald, Shelbina, for respondent.

Motion for Rehearing or to Transfer to Supreme Court Denied December 26, 1961.

WOLFE, Judge.

This is an action for crop damages. It is in three counts. The damages for which recovery is sought arose out of the flooding of the plaintiffs' land. It was alleged in the plaintiffs' petition that the defendant constructed a dirt fill or dam across the bed of the Middle Fork of the Chariton River in Macon County, Missouri. This was done while defendant was engaged...

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