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FUCHS v. CURRAN CARBONIZING AND ENGINEERING CO.

No. 29084.

279 S.W.2d 211 (1955)

Tom A. FUCHS (Plaintiff), Appellant, v. CURRAN CARBONIZING and ENGINEERING CO., Inc., a Corporation (Defendant), Respondent.

St. Louis Court of Appeals. Missouri.

Motion to Modify Opinion Denied June 10, 1955.

Attorney(s) appearing for the Case

Hullverson & Richardson, James W. Jeans, St. Louis, for appellant.

J. Porter Henry, Robert D. Evans, Walther, Hecker, Walther & Barnard, Herbert E. Barnard, St. Louis, for respondent.

HOUSER, Commissioner.

This is a suit for damages resulting from the creation of a private nuisance. A trial jury returned a verdict for Tom A. Fuchs and against Curran Carbonizing and Engineering Co., Inc. for $4,500 and judgment was rendered accordingly by the Circuit Court of St. Louis County. The trial judge ordered the verdict and judgment set aside and sustained defendant's motion for a new trial on the ground that Instructions Nos. 1 and 7 were misleading, improper...

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