Robinson v. Moark-Nemo Consol. Min. Co.
| Decision Date | 02 July 1917 |
| Docket Number | No. 18280.,18280. |
| Citation | 196 S.W. 1131 |
| Parties | ROBINSON v. MOARK-NEMO CONSOL. MIN. CO. et al. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Jasper County; D. E. Blair, Judge.
Action by W. M. Robinson against the Moark-Nemo Consolidated Mining Company and others. From a judgment against the defendant named, and in favor of the other defendants, plaintiff appealed to the Springfield Court of Appeals where the judgment was reversed and remanded and the cause certified here (178 Mo. App. 531, 163 S. W. 885). Decision of Court of Appeals affirmed.
McReynolds & Halliburton, of Carthage, for appellant. McIndoe & Thurman, of Joplin, for respondents.
This cause has been transferred here because one of the judges of the Springfield Court of Appeals deemed the opinion to be in conflict with decisions of this court.
Appellant owns a tract of ground adjoining the tract on which the corporate defendant is mining and cleaning zinc and lead ore. Among other things, the petition alleges, in substance, that defendants Bendelari, Cook, and Phelps are the agents, servants, and employés of the Moark-Nemo Company, and in charge of and directing and controlling its mining operations; that defendants for over two years have been mining on the land adjoining appellant's tract, and have willfully and intentionally dumped and placed upon appellant's land all the refuse from the mine, and have thereby covered it up with refuse and tailings to a depth of about 100 feet, despite appellant's protests against this trespass upon his property, thereby depriving appellant of the use of his land; that the land is of great value for mining purposes, and cannot be used for any purpose until the refuse and tailings are removed, which can only be done at an expense of $5,000; that appellant is damaged $10,000. The prayer was for an injunction against a continuance of the practice of dumping refuse and tailings on the land and for damages in the sum of $10,000.
The answer of the defendant company consisted of a general denial and a plea that the tailings had been abandoned by the company and were of the value of $500. Bendelari and Cook filed a general denial. A reply to the company's plea in mitigation was filed. The trial court assessed damages against the defendant company in the sum of $250, and found in favor of Bendelari and Cook. Plaintiff appealed. In this court appellant abandoned, orally, his assignment that the damages allowed against defendant...
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James H. Forbes Tea & Coffee Co. v. Baltimore Bank
...Buffalo Trust Co. v. Producers Exchange, 224 Mo.App. 208, 23 S.W.2d 649; Robinson v. Mining Co., 178 Mo.App. 539, approved on certiorari, 196 S.W. 1131; Concrete & Steel Const. Co. v. Asphalt Refining Co., 2 S.W.2d 159; Henry Cowell Lime Co. v. Bank, 82 Cal.App. 524, 255 P. 881; 14a C. J. 3......
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Forbes Tea & Coffee Co. v. Baltimore Bank.
...Trust Co. v. Producers Exchange, 224 Mo. App. 208, 23 S.W. (2d) 649; Robinson v. Mining Co., 178 Mo. App. 539, approved on certiorari, 196 S.W. 1131; Concrete & Steel Const. Co. v. Natl. Asphalt Refining Co., 2 S.W. (2d) 159; Henry Cowell Lime Co. v. Bank, 82 Cal. App. 524, 255 Pac. 881; 14......
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Gila Water Co. v. Gila Land & Cattle Co.
... ... officer is regarded as a joint tort-feasor. Robinson ... v. Moark-Nemo Cons. Min. Co., 178 Mo.App. 531, 163 ... S.W. 885; Id ... ...