Muldrow v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from the Balls Circuit Court. — Hon. Reuben F. Roy, Judge. (1) The correct measure of damages on account of the burning of the hedges and the meadows, was the difference in the market value of the land before and after the respective fires. Shannon v. Bailroad, 54 Mo. App. 223. It was, therefore, error to admit evidence of the price or value of the hedge per rod, and of the meadow per acre.
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Appeal from the Balls Circuit Court. — Hon. Reuben F. Roy, Judge. (1) The correct measure of damages on account of the burning of the hedges and the meadows, was the difference in the market value of the land before and after the respective fires. Shannon v. Bailroad, 54 Mo. App. 223. It was, therefore, error to admit evidence of the price or value of the hedge per rod, and of the meadow per acre. (2) The plaintiff held the south half of the one hundred and sixty acres of land jointly with his wife as tenant by the entirety. He was, therefore, not entitled to recover the whole of the amount…
1Opinion of the CourtRombauer, P. J.
This is an .action to recover damages for the injury to plaintiff’s farm by accidental fires, engendered by sparks from defendant’s locomotives. The petition charges that one of these fires occurred on September 4, 1893, and destroyed forty rods of hedge and the stubble pasture of thirty-nine acres, and that the other occurred on the sixteenth day of the same month and destroyed forty rods of hedge, five acres of meadows and a plow beam owned by the plaintiff, and that the plaintiff was put to some expense in extinguishing these fires, for which he seeks to recover compensation. The petition…
2Cases cited6 opinions
- Parke v. City of SeattleWashington Supreme Court · 1894
- Rainey v. SmizerSupreme Court of Missouri · 1859
- Ryan v. RiddleSupreme Court of Missouri · 1883
- Shannon v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1893
- Vunk v. Raritan River RailroadSupreme Court of New Jersey · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Seay v. SandersMissouri Court of Appeals · 1901
- Culver v. SmithMissouri Court of Appeals · 1900
- Diggs v. Wabash RailroadMissouri Court of Appeals · 1908
- Ozark Orchard Co. v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1913
- Lumerate v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.