Cramer v. Groseclose
Missouri Court of Appeals
Appeal from the Cape Girardeau Circuit Court. — Hon. H. C. O’Bryan, Judge. The instruction number 2 should not have been given, because it led the jury to believe that Conner’s apparent possession justified the wrong of the ¿defendant, although the lease provided in its last paragraph that any wilful violation thereof should vitiate it at the option of the aggrieved party. It confused and misled the jury, and should not have been given.
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Appeal from the Cape Girardeau Circuit Court. — Hon. H. C. O’Bryan, Judge. The instruction number 2 should not have been given, because it led the jury to believe that Conner’s apparent possession justified the wrong of the ¿defendant, although the lease provided in its last paragraph that any wilful violation thereof should vitiate it at the option of the aggrieved party. It confused and misled the jury, and should not have been given. Donahoe v. Wabash, 83 Mo. 560; Chouteau v. Jupiter Iron Works, 83 Mo. 73; Greer v. Parker, 85 Mo. 107. The defendant, by receiving the timber with a guilty…
1Opinion of the CourtRombauer, P. J.
— The statute provides, in substance, that any person who shall cut down, injure or destroy or carry away any tree or timber growing on the land of another person shall pay to the party injured treble the value of the thing so destroyed or carried away, with costs; but, if, on the trial of the action, it shall appear that the defendant had probable cause to believe that the land on which the trespass is alleged to have been committed, or that the thing so destroyed and carried away, was his own, the plaintiff in the action or prosecution shall receive single damages only with costs. Revised…
2Cases cited2 opinions
- Austin v. Huntsville Coal & Mining Co.Supreme Court of Missouri · 1880
- Parker v. ShackelfordSupreme Court of Missouri · 1875
3Cited by4 opinions
- Ritchie v. State Board of AgricultureMissouri Court of Appeals · 1924
- Bailey v. A. Siegel Gas Fixture Co.Missouri Court of Appeals · 1893
- Arnold v. BennettMissouri Court of Appeals · 1902
- Simmons v. Kansas City, Clinton & Springfield Railway Co.Court of Appeals of Kansas · 1919