DON SHRUM, INC. v. VALLEY MINERAL PRODUCTS CORP.

No. 60286.

563 S.W.2d 67 (1978)

DON SHRUM, INC., et al., Appellants, v. VALLEY MINERAL PRODUCTS CORPORATION, a corporation, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied April 10, 1978.


Attorney(s) appearing for the Case

Geoffrey L. Pratte, Roberts & Roberts, Farmington, for appellants.

W. Munro Roberts, Jr., Jay G. Newquist, Roberts, Heneghan & Coffelt, Inc., St. Louis, David L. Colson, Colson & Wagner, Farmington, for respondent.


DONNELLY, Judge.

Plaintiffs filed a private nuisance suit seeking injunctive relief and damages. They alleged that defendant's operation of its quarry and kiln was causing an excessive amount of dust to settle over their properties, and that this dust, when combined with the water of a dew or light rain, produced a caustic mixture which hardened into a mortar-like substance and was difficult to remove. Plaintiffs tried their case on the damage issue alone. The jury...

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