WEIR v. WILMES

No. WD36015.

688 S.W.2d 53 (1985)

Lloyd D. WEIR and Mary M. Weir, Appellants, v. Bernard J. WILMES and Cecelia E. Wilmes, Respondents.

Missouri Court of Appeals, Western District.

March 19, 1985.


Attorney(s) appearing for the Case

James W. Whan, Maryville, for appellants.

Dan Hale, St. Joseph, for respondents.

Before KENNEDY, J., Presiding, and DIXON and CLARK, JJ.


DIXON, Judge.

The plaintiffs Weir appeal from the jury's verdict in favor of the defendants Wilmes in this surface water case. The sole issue is a claim of instructional error.

The parties filed a stipulation. From that stipulation and the pleadings, the facts appear to be as follows. Defendants, the upper landowners, installed drainage tile in a portion of their farmland, thus enabling the surface water on their land to flow into a pre-existing natural drainage...

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