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HEWITT v. CHICAGO, BURLINGTON & QUINCY RAILROAD CO.

No. 52511.

426 S.W.2d 27 (1968)

Ivan HEWITT et al., Plaintiffs-Appellants, v. CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY, a Corporation, Defendant-Appellant.

Supreme Court of Missouri, Division No. 2.

Rehearing Denied April 8, 1968.

Attorney(s) appearing for the Case

Harold Miller, Maysville, Beavers, Thomson & Beavers, Maryville, for appellants (plaintiffs).

Robert L. Ross, Albany, Clyde J. Linde, Charles White Hess, of Linde, Thomson, VanDyke, Fairchild & Langworthy, Kansas City, for appellant (defendant).

LAURANCE M. HYDE, Special Commissioner.

Action by landowners for damages from flooding, totaling $50,639.90, claimed to have been caused by defendant's railroad bridge, alleged to have been constructed without suitable openings in violation of Sec. 389.660, RSMo, V.A.M.S. Plaintiff had verdict and judgment for amounts totaling $8,965.00. The court sustained motions for new trial of all parties so jurisdiction of appeals from these orders is in this court because the...

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