ON MOTION FOR REHEARING
PER CURIAM.The appellants have filed a Motion for Rehearing which, for the most part, simply reflects the intendment of the opinion and our evaluation of the earlier cases from this Court and the Court of Appeals, rather than pointing to anything which the Court misinterpreted or overlooked. The motion points out what is actually a scrivener’s error in the discussion of Instruction No. 3, and correction has been made.
The appellants cite Paddock v. Somes, 102 Mo. 226, 14 S.W. 746 (1890), for the proposition that the victim of a nuisance has no duty to expend money or effort to avoid or mitigate anticipated damage from a nuisance. The Missouri law of nuisance has been substantially refined since that ancient case, rendered by a sharply divided court. As the principal opinion points out, the law of nuisance balances the rights of neighboring landowners in the conduct of activities which are not inherently unlawful. See Committee Comment accompanying MAI 22.06. In balancing these rights concepts of relativity have substantial significance. Paddock appears to have been decided at a time when the difference between the concepts of trespass and nuisance was not so sharply delineated, and should no longer be followed to the extent that it conflicts with the views expressed in the present opinion.’ Evidence of the plaintiffs’ fault, moreover, is appropriate in determining the element of causation, quite apart from any issue of contributory negligence. See Albers v. Church of the Nazarene, 698 F.2d 852 (7th Cir.1983).
The Motion for Rehearing is overruled.
HIGGINS and WELLIVER, JJ., would grant a rehearing.