Section 13.35 Hard-By Rule
| Library | Tort Law 2016 |
A. (§13.35) Hard-By Rule
The hard-by rule was first adopted by the Supreme Court of Missouri in Wells v. Henry W. Kuhs Realty Co., 269 S.W.2d 761, 766 (Mo. 1954). The case reached the Court on the plaintiffs’ appeal after their petition was dismissed for failure to state a cause of action. According to the petition’s allegations, the defendant was the owner of a tract of land in the City of St. Louis, a portion of which was utilized for the maintenance of a private dump. It was further alleged that this dump was in a...
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