Heins Implement Co. v. Missouri Highway & Transportation Commission

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• listing 19 states that follow the reasonable use rule, 9 that follow the civil law rule, and 9 that follow the common enemy doctrine
• decision to grant new trial based on size of award rests with trial court because of its ability to judge impact of alleged trial errors on jury
• abrogated on other grounds by Southers v. City of Farmington, 263 S.W.3d 603, 612- 14 n.13 (Mo. banc 2008)
• commercial buildings, business equipment, and crops damaged by flooding allegedly caused by a municipal entity with the power of eminent domain
• res judicata defense is waived where not raised timely, absent implied consent
• discussing untimely assertion of res judicata defense

Source: CourtListener parenthetical corpus (CC0).