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RECTOR v. TOBIN CONSTRUCTION COMPANY

No. 49318.

377 S.W.2d 409 (1964)

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

Supreme Court of Missouri, En Banc.

Rehearing Denied April 13, 1964.

Attorney(s) appearing for the Case

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

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

Ben Ely, Roger W. Hibbard, Hannibal, amici curiae.

LEEDY, Judge.

Action to recover double damages under § 236.270, RSMo 1959 and V.A.M.S., for the trespass of backing up water on and overflowing lands of the respective plaintiffs to the injury and damage of growing crops thereon, allegedly in consequence of defendant having dammed and obstructed a watercourse in violation of said statute. Trial to the court without a jury; judgment for defendant; plaintiffs appealed...

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