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OGLE v. TERMINAL R.R ASS'N OF ST. LOUIS

No. 36349.

534 S.W.2d 809 (1976)

Lexton OGLE et al., Plaintiffs-Appellants, v. TERMINAL RAILROAD ASSOCIATION OF ST. LOUIS, Defendant-Respondent.

Missouri Court of Appeals, St. Louis District, Division Four.

March 9, 1976.

Attorney(s) appearing for the Case

Lawrence O. Willbrand, St. Louis, for plaintiffs-appellants.

Robertson, Ely & Wieland, Robert C. Ely, St. Louis, for defendant-respondent.

ALDEN A. STOCKARD, Special Judge.

This is an action in twenty-four separate counts by landowners for damages from flooding claimed to have been caused by defendant's failure to comply with the minimum requirements of § 389.660, RSMo 1969, pertaining to the construction of suitable openings in the roadbed of a railroad to drain and carry off water. The jury verdict, totaling $12,000.00, was set aside by the trial court and judgment was entered for defendant in...

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