CHAPPELL v. CITY OF SPRINGFIELD

No. 52229.

423 S.W.2d 810 (1968)

Fred S. CHAPPELL and Edna E. Chappell, husband and wife, Emerson and Helen M. Taylor, husband and wife, John and Vivian Jackson, husband and wife, Bessie Hutchinson, a single person, and Charles and Ruth V. Hutchinson, husband and wife, Appellants, v. The CITY OF SPRINGFIELD, Missouri, a Municipal Corporation, Respondent.

Supreme Court of Missouri, Division No. 2.

February 12, 1968.


Attorney(s) appearing for the Case

White & Dickey, Turner White, Springfield, Theodore G. Scott, Buffalo, Lincoln, Haseltine, Forehand & Springer, Horace S. Haseltine, Carl E. Yates, Springfield, for appellants-plaintiffs.

John B. Newberry, Springfield, for defendant-respondent.


STOCKARD, Commissioner.

This appeal arises from the trial of two consolidated actions in each of which the plaintiffs by their Count I sought actual damages from the City of Springfield for the operation of a nuisance in connection with its sewage disposal plant, and by their Count II sought punitive damages for the willful and malicious failure of the city to abate the nuisance. The trial court directed a verdict against plaintiffs on Count II. A jury trial as to...

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