[Download] "Henry Thompson and Velva Thompson v." by Springfield District Missouri Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Henry Thompson and Velva Thompson v.
- Author : Springfield District Missouri Court of Appeals
- Release Date : January 14, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This is an injunction case in which the plaintiffs, apparent winners in the court below, have appealed. Plaintiffs in the
first count of their petition alleged that defendants had set up a sawmill on property adjoining and within a few feet of
plaintiffs' residence, and so operated it, with floodlights and at unusual hours, as to make loud and unusual noises, allow
sawdust in large quantities to be blown over upon plaintiffs' premises; discharge noxious gases, steam, vapors, cinders, dust,
and ashes; drain water and offal upon plaintiffs; and so to injure the peace, health, safety, and enjoyment of plaintiffs
and destroy their property. The prayer was that the nuisance be abated. In a separate second count the plaintiffs reiterated
the injuries above mentioned and prayed for damages. (See 14 Mo.L.Rev. 161.) The issues being made up, the case was tried,
and on May 5, 1960, the court rendered the following judgment: The Court finds for plaintiff on Count 1 of the petition and a permanent injunction granted restraining defendants from operating
the mill at it's present location and from permitting sewage drainage onto plaintiffs' property. Defendants granted 30 days
in which to abide by this judgment and if complied with plaintiff is not entitled to any damages on Count No. 2, but on failure
of Defendants to comply with this decision plaintiffs shall be entitled to judgment of $1,000.00 on Count No. 2. Finding for
plaintiffs on defendants counter-claim. Costs to be taxed to each party in equal shares.