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DONNELL v. VIGUS QUARRIES, INC.

No. 34402.

489 S.W.2d 223 (1972)

Hart B. DONNELL and Edna L. Donnell, Plaintiffs-Appellants, v. VIGUS QUARRIES, INC., a corporation, and Fred Weber Contractor, Inc., a corporation, Defendants-Respondents.

Missouri Court of Appeals, St. Louis District.

December 19, 1972.

Attorney(s) appearing for the Case

Pannell, Dodson & Robinson, Festus, Gregory D. O'Shea, St. Louis, for plaintiffs-appellants.

Earl R. Blackwell, Hillsboro, for defendants-respondents.

WEIER, Judge.

Plaintiffs filed their petition against adjacent landowners, the defendants, in four counts. Count I sought actual and punitive damages for the willful destruction of plaintiffs' timber and a change of the surface of some of their land by grading. The jury returned a verdict for plaintiffs in the amount of $500.00 on this count. Under Count II the plaintiffs alleged a diversion of the natural flow of a stream by excavating a new channel and filling in...

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