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BRESHEARS v. UNION ELECTRIC COMPANY OF MISSOURI

No. 47912.

347 S.W.2d 233 (1961)

Farrell E. BRESHEARS, Eva M. Breshears, Edwin Breshears, Helen Breshears, Carl Williams, Emma Williams, W. C. Williams, Gertrude E. Williams, Clarence Powell, Ruby Shin, Clarence Crabtree, Verda May Crabtree, W. A. Thomas, Nora Lay, Leo Tatum, William F. Watkins, Eva Watkins, Bob Shin, Bill Ed Moree, J. W. Shockmann, Jane Shockmann, Respondents, v. UNION ELECTRIC COMPANY OF MISSOURI, a Corporation, Appellant, and Ada A. Stephens, Rettie Jones, Flora Jones, Fred T. Harris, Claude Kays, Vesta Kays, Wilbur Boring, Lucile Boring, Defendants.

Supreme Court of Missouri, En Banc.

June 12, 1961.

Attorney(s) appearing for the Case

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

George H. Miller, Sedalia, F. M. Brady, Warsaw, C. P. Junge, Cole Camp, William Neff, Warsaw, for respondents.

STOCKARD, Commissioner.

Plaintiffs sought damages for tort in the nature of trespass for the loss of crops resulting from the flooding in June and July 1951 of their respective farms alleged to have been caused by the construction, operation and maintenance by Union Electric Company of Missouri of the Bagnell Dam and the Lake of the Ozarks formed thereby. The petition was in thirteen counts, each count relating to a separate farm, and the trial resulted in a judgment...

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