Couch v. Kansas City Southern Railway Co.
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Mon. B. G. Thurman, Judge. Instructions numbered 1, 2 and 3, given at tbe instance of the plaintiff, are fatally erroneous under the rule laid down in Knight v. Railroad, 122 Mo. App.' 38, in that they permit the jury to enter the remote field of conjecture.
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Appeal from Vernon Circuit Court. — Mon. B. G. Thurman, Judge. Instructions numbered 1, 2 and 3, given at tbe instance of the plaintiff, are fatally erroneous under the rule laid down in Knight v. Railroad, 122 Mo. App.' 38, in that they permit the jury to enter the remote field of conjecture. The conrt committed reversible error in permitting the introduction of testimony and instructing the jury as to the rental value of the meadow land at the time of the fire and the cost of re-seeding. Where grass roots are destroyed, the injury is to the inheritance, the measure of damages being the…
1Opinion of the CourtBrown, P. J.
Civil action for burning a meadow. Prom a judgment for plaintiff, defendant appeals.
Plaintiff recovered a judgment for $193.50 for twenty-two acres of meadow and twenty-seven rods of fence which defendant destroyed by permitting fire to be communicated from its engines to. said meadow.
The evidence quite. clearly proves the quantity and value of the meadow and fence destroyed, and that the defendant’s agents caused the fire by permitting sparks to escape from its engines. The roots of the meadow were destroyed so that it became necessary to re-seed same. There was some evidence tending to…
2Cases cited11 opinions
- Smith v. City of SedaliaSupreme Court of Missouri · 1912
- Sotebier v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Adam v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1909
- Doty v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1909
- Wiggins v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Miller v. SabinskeMissouri Court of Appeals · 1959
- Venie v. South Central Enterprises, Inc.Missouri Court of Appeals · 1966
- Miller & Lux Inc. v. PinelliCalifornia Court of Appeal · 1927
- Beaty v. N. W. Electric Power Cooperative, Inc.Missouri Court of Appeals · 1958
- Knowles v. MooreMissouri Court of Appeals · 1981
6 more not listed; retrieve them via the Exa API.