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MISCH v. C. B. CONTRACTING COMPANY

No. 8385.

394 S.W.2d 98 (1965)

Arthur MISCH et al., Plaintiff-Respondent, v. C. B. CONTRACTING COMPANY, a corporation, Defendant-Appellant.

Springfield Court of Appeals, Missouri.

Rehearing Denied August 18, 1965.

Attorney(s) appearing for the Case

Donnelly & Donnelly, Lebanon, Kay & Quigley, Eldon, for defendant-appellant.

J. W. Grossenheider, Lebanon, for plaintiff-respondent.

RUARK, Presiding Judge.

This is a suit for damages to plaintiff's property due to use of explosives in laying a city sewer line. The jury blasted defendant with a five-thousand-dollar verdict. It appeals.

According to plaintiff's version of the facts (which we must accept in the most favorable light), the blasting commenced on August 14, 1962, and continued into the fall, at least through September. Since the frequency and intensity of the explosions, and...

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