Craig v. Kansas City Terminal Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. O. A. Lucas, Judge. (1) The trustees or' beneficiaries in the deeds of trust were necessary parties. Chouteau v. Boughton, 100 Mo. 406; Logan v. Wabash, 43 Mo. App. 71; Heitkamp v. Granite Co., 59 Mo.
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Appeal from Jackson Circuit Court. — Eon. O. A. Lucas, Judge. (1) The trustees or' beneficiaries in the deeds of trust were necessary parties. Chouteau v. Boughton, 100 Mo. 406; Logan v. Wabash, 43 Mo. App. 71; Heitkamp v. Granite Co., 59 Mo. App. 244; Railroad v. Baker, 102 Mo. 560; Thompson v. Railroad, 110 Mo. 163; Siemers v. Schrader, 88 Mo. 20; James v. Worcester, 141 Mass. 361; Stewart v. Finkelstone, 206 Mass. 28, 28 L. R. A. (N. S.) 634; Delano v. Smith, 206 Mass. 365, 30 L. R. A. (N. S.) 474. (2) The motion to transfer the case to the Federal court should have been sustained. Powers…
1Opinion of the Court
ROY, C.
Plaintiff sued the Kansas City Terminal Railway Company and the William P. Carmichael Company for damages to a building caused by an excavation made near it by the latter company as a contractor in the construction of a retaining wall for the right of way of the railroad.
The answer of the Carmichael Company included a counterclaim for $172.40.
On the trial there was a verdict for the Railroad Company, and a verdict for the plaintiff against the Carmichael Company for $10,000, and also a verdict for plaintiff against said counterclaim.
There was a remittitur of $2500 by plaintiff, and a…
2Cases cited8 opinions
- Whitcomb v. SmithsonSupreme Court of the United States · 1900
- Little v. HarringtonSupreme Court of Missouri · 1880
- Charless v. RankinSupreme Court of Missouri · 1856
- Larson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1892
- Chouteau v. BoughtonSupreme Court of Missouri · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Stith v. J. J. Newberry Co.Supreme Court of Missouri · 1935
- Royal Indemnity Company v. SchneiderMissouri Court of Appeals · 1972
- Blankenship v. Kansas Explorations, Inc.Supreme Court of Missouri · 1930
- Guaranty Savings & Loan Ass'n v. City of SpringfieldSupreme Court of Missouri · 1940
- Terry v. CB Contracting CompanyMissouri Court of Appeals · 1965
1 more not listed; retrieve them via the Exa API.