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McCOY v. R. B. POTASHNICK CONST. CO.

No. 9957.

539 S.W.2d 323 (1976)

Olva McCOY et al., Plaintiffs-Respondents, v. R. B. POTASHNICK CONSTRUCTION COMPANY, a corporation, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

July 16, 1976.

Attorney(s) appearing for the Case

James E. Reeves, Ward & Reeves, Caruthersville, for plaintiffs-respondents.

Manuel Drumm, Drumm & Stamp, Sikeston, for defendant-appellant.

Before BILLINGS, C. J., and STONE and TITUS, JJ.

BILLINGS, Chief Judge.

In this court-tried case for crop loss to plaintiffs by reason of the defendant's obstruction of a natural watercourse, the Circuit Court of New Madrid County found the issues in favor of the plaintiffs and awarded them damages. In this appeal the defendant contends there was no evidence he was guilty of a trespass, there was no evidence he was negligent, and the award of damages exceeded the prayer...

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