MILLER LAND COMPANY v. LIBERTY TOWNSHIP

No. 56671.

510 S.W.2d 473 (1974)

MILLER LAND COMPANY, a corporation, and Richard Caldwell, Respondents, v. LIBERTY TOWNSHIP, a corporation, et al., Appellants.

Supreme Court of Missouri, Court en Banc.

June 24, 1974.


Attorney(s) appearing for the Case

Briney, Welborn & Spain, Bloomfield, for plaintiffs-respondents.

Powell, Ringer & Baker, Dexter, for defendants-appellants.


FRED E. SCHOENLAUB, Special Judge.

In this action for a mandatory injunction the defendants were ordered to remove a drainage tile they had installed through an abandoned railroad bed, to refill the railroad bed and to restore it to its natural height and condition. Their Motion to Set Aside Judgment, for New Trial, to Take Additional Testimony, and to Amend Findings and Judgment was overruled and they appeal.

Plaintiff-Respondent, Miller Land Company, is...

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