Henderich v. Kansas City, Ozark & Southern Railway Co.
Missouri Court of Appeals
Appeal from Polk Circuit Court. — Hon. C. H. Skinker, Judge. (1) If respondent gave the company or any person permission to build its road over and across the land in question at a certain specified place, and the road is thereafter located at a different place from that specified and such different location is made with the knowledge of the respondent, but without objection on his part, then such company or person would not be liable for trespass and damages in this cause.
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Appeal from Polk Circuit Court. — Hon. C. H. Skinker, Judge. (1) If respondent gave the company or any person permission to build its road over and across the land in question at a certain specified place, and the road is thereafter located at a different place from that specified and such different location is made with the knowledge of the respondent, but without objection on his part, then such company or person would not be liable for trespass and damages in this cause. Hosher v. Railroad, 60 Mo. 329; Hubbard v. Railroad, 63 Mo. 68; Hawkins v. Roby, 77 Mo. 140; Seibért v. Withington, 63…
1Opinion of the CourtGray, J.
In 1908, the plaintiff was the owner of a tract of land in the northeast quarter of section 29, township 28, range 15, in Wright county, Missouri, and this suit was instituted to recover damages which he claims he sustained by reason of the defendant *195entering upon said premises and destroying Ms fences, so that stock entered thereon and damaged Ms crops in the sum of five hundred dollars.
The defendant answered that it entered 'nto a contract in 1908 with the Ozark and Southern Construction Company, a corporation, whereby said construction company agreed to procure the right of way and…
2Cases cited13 opinions
- Karmuller v. KrotzSupreme Court of Iowa · 1865
- Moss v. GreenSupreme Court of Missouri · 1867
- Skinker v. HaagsmaSupreme Court of Missouri · 1889
- Blondeau v. SheridanSupreme Court of Missouri · 1884
- Gardner v. WebsterSupreme Court of New Hampshire · 1888
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3Cited by1 opinion
- Dye v. New York Life InsuranceMissouri Court of Appeals · 1921