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OWEN v. CITY OF SPRINGFIELD

No. 69054.

741 S.W.2d 16 (1987)

John Comer OWEN and Bessie B. Owen, Plaintiffs (Respondents and Cross-Appellants), v. CITY OF SPRINGFIELD, Missouri, a municipal corporation, Defendant (Appellant and Cross-Respondent), and Frank Coluccio Construction Company, a Washington corporation, Defendant (Respondent).

Supreme Court of Missouri, En Banc.

Rehearing Denied December 15, 1987.

Attorney(s) appearing for the Case

Robert Handley, Asst. City Atty., Howard C. Wright, Jr., City Atty., Springfield, Bruce Ring, Jefferson City, for defendant (appellant and cross-respondent).

John G. Newberry, Springfield, for plaintiffs (respondents and cross-appellants).

HIGGINS, Judge.

John Comer Owen and Bessie Owen had a verdict for $40,875 damages against the City of Springfield on a claim that the City's sewage lift station constructed and operated near their home constituted a permanent nuisance. Mr. and Mrs. Owen were denied a verdict on their claim for damages for temporary nuisance against the City and Frank Coluccio Construction Company. Judgment was rendered accordingly. Defendant City appealed from that part of the judgment...

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