CASADA v. HAMBY EXCAVATING CO., INC.

No. 10536.

575 S.W.2d 851 (1978)

Donald R. CASADA and Kathy Casada, Plaintiffs-Respondents, v. HAMBY EXCAVATING COMPANY, INC., Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

December 26, 1978.


Attorney(s) appearing for the Case

James W. Newberry, Schroff, Keeter, Glass & Newberry, P. C., Springfield, for defendant-appellant.

Charles A. Moon, Springfield, for plaintiffs-respondents.

Before HOGAN, P. J., STONE, J., and GRIMM, STEELMAN and McHANEY, Special Judges.


HOGAN, Presiding Judge.

This is a blasting damage case. Plaintiffs have had a verdict and judgment in the amount of $24,970. Defendant appeals.

In briefest sketch, the record shows that in February 1975, defendant was constructing a sewer line in the southwest part of Springfield, Missouri, using ammonium nitrate and dynamite to excavate the trench. By February 18, operations had progressed to a point 130 feet directly east of the plaintiffs' residence. On...

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