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EVERSOLE v. STRAIT

No. 10452.

591 S.W.2d 752 (1979)

Robert EVERSOLE and Doris Eversole, Plaintiffs-Respondents, v. Jim Douglas STRAIT, Defendant and Third Party Plaintiff-Respondent, v. John E. MURRAY, d/b/a John E. Murray Earth Moving Contractor, Third Party Defendant-Appellant.

Missouri Court of Appeals, Southern District, En Banc.

December 20, 1979.

Attorney(s) appearing for the Case

Ralph E. Baird, Joplin, for plaintiffs-respondents.

Dean S. Johnston, John R. Martin, Blanchard, Van Fleet, Martin, Robertson & Dermott, Joplin, for third party defendant-appellant.

TITUS, Judge.

Plaintiffs and defendant (sometimes herein Strait) own adjoining acreages situate in rural Newton County, Missouri. Defendant's land, similar to that of plaintiffs' contiguous acreage, is rocky, hilly, wooded and is on a higher elevation than that of plaintiffs' property. It was this land on which defendant constructed an earthen dam and pond in July 1973. On June 6, 1974, the dam breached, causing rocks, gravel, debris and water to be thrown onto plaintiffs...

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