STEWART v. CITY OF MARSHFIELD

No. 8627.

431 S.W.2d 819 (1968)

Charles STEWART and Joan Stewart, Plaintiffs-Appellants, v. CITY OF MARSHFIELD, Missouri, a municipal corporation, Defendant-Respondent.

Springfield Court of Appeals, Missouri.

September 3, 1968.


Attorney(s) appearing for the Case

White & Dickey, Clyde R. Allemann, Springfield, for plaintiffs-appellants.

Roy C. Miller, Haymes & Haymes, Ellsworth Haymes, Marshfield, for defendant-respondent.


STONE, Judge.

In this "action for damages to land by reason of permanent nuisance" (as plaintiffs'-appellants' counsel characterize and classify it in the first sentence of their brief), plaintiffs Charles and Joan Stewart, husband and wife, obtained on June 23, 1966, a ten-member jury verdict for $2,500 upon which judgment then was entered. (All emphasis herein is ours.) In response to the timely after-trial motion of defendant City of Marshfield, Missouri...

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