Fiedler v. Bambrick

• Decision Date: 26 January 1909
• Citation: 115 S.W. 1033,135 Mo. App. 301
• Parties: FIEDLER et al. v. BAMBRICK.
• Court: Missouri Court of Appeals

115 S.W. 1033

135 Mo. App. 301

FIEDLER et al. v. BAMBRICK.

St. Louis Court of Appeals. Missouri.

January 26, 1909.

Rehearing Denied February 9, 1909.

1. INJUNCTION (§ 228) — VIOLATION.

Though, in contempt proceedings against a company and its president for violating a decree enjoining the company from operating its stone quarry in a certain manner, the company was discharged, its president could be found guilty.

2. INJUNCTION (§ 230) — VIOLATION — EVIDENCE.

Evidence in contempt proceedings for violation of an injunction held sufficient to show the violation by a defendant.

Appeal from St. Louis Circuit Court; Jesse A. McDonald, Judge.

Contempt proceedings by Elizabeth Fiedler and others against John Bambrick and others. From adverse judgment, defendant Bambrick appeals. Affirmed.

Thos. J. Rowe, for appellant. Walther & Muench, for respondents.

GOODE, J.

On May 9, 1907, defendant Bambrick Bros. Construction Company was by decree of the circuit court of the city of St. Louis "perpetually enjoined from so operating its quarry on said lots in city block 2434 of the city of St. Louis, and hereinbefore described, owned by defendant, or permitting the same to be so operated, as to throw dirt, rocks, or stones on any of the property of the plaintiffs described in their second amended petition herein, and in the evidence adduced, or from so operating said quarry or permitting the same to be so operated as to jar or shake any of the buildings on any of plaintiffs' said property, or so as to cause any of said property of plaintiffs to shake and vibrate, or so as to impair the comfortable use and occupancy of said property of plaintiffs for dwelling house purposes, by loud and deafening sounds and explosions in said quarry." That decree was entered in a suit wherein Elizabeth Fiedler, the present plaintiff, and many other property owners in the neighborhood of the construction company's quarry, were plaintiffs.

On November 11, 1907, Elizabeth Fiedler filed an information, reciting the terms of the aforesaid decree, and charging, further, as follows: "That the defendant has been twice heretofore cited for contempt of the said restraining order, and fines assessed against it, and a copy of said injunction decree was heretofore duly served upon the defendant corporation, and upon its president and manager, John Bambrick, and upon Robert D. Donovan, also known as James Donovan, the superintendent in charge of the defendant's said quarry. That the said defendant and the said Bambrick and Robert D. Donovan have violated the said injunction, in this: That on the 12th day of October, 1907, October 17, October 22, October 29, October 31, and November 8, 1907, they did so operate said quarry and blast therein as to cause the property and buildings of this plaintiff and her coplaintiffs to shake. That the said blasting caused very loud reports and noises and the property of the plaintiffs was by said blasting damaged, and the lives of plaintiff and her coplaintiffs were thereby greatly imperiled. That on the 8th day of November, 1907, the said defendant and the said John Bambrick and Robert D. Donovan did so operate the said quarry in...