Mattis v. St. Louis & San Franciso Railroad
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. G. V. Bucldey, Special Judge. (1) The court erred in giving the instruction for plaintiff on the measure of damages, because said instruction authorizes the jury to find for plaintiffs the difference in the value of plaintiffs’ land before and after the fire, whereas, if the roots of the hay were destroyed or injured so that the yield for the following year or years would be lessened, the measure of damages would have been the…
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Appeal from Jasper Circuit Court. — Eon. G. V. Bucldey, Special Judge. (1) The court erred in giving the instruction for plaintiff on the measure of damages, because said instruction authorizes the jury to find for plaintiffs the difference in the value of plaintiffs’ land before and after the fire, whereas, if the roots of the hay were destroyed or injured so that the yield for the following year or years would be lessened, the measure of damages would have been the difference in the rental value caused by such injury to the roots of thé hay. Knight v. Railroad, 122 M'o. App. 88; Jones v.…
1Opinion of the CourtEllison, J.
— This action is based upon a petition in two counts. The first was for the destruction by fire of plaintiffs’ matured crop of hay ready to be harvested, at the sum of $1,127.50, and of burning the roots of the grass in parts of the field, in the sum of $375.85. The *63second count was for the destruction by fire of five and a quarter tons of baled hay. There was a general verdict for plaintiffs for $1,150. Defendant appealed.
The court instructed the jury that damages could be measured by “the difference in value of the plaintiffs’ land before and after the fire.” This presumably had reference…
2Cases cited10 opinions
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. HixonIndiana Supreme Court · 1887
- Vermilya v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1885
- Standley v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1906
- Bricker v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Railway Co. v. JonesSupreme Court of Arkansas · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Adam v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1909
- ABCDW LLC v. BanningCourt of Appeals of Arizona · 2016
- Venie v. South Central Enterprises, Inc.Missouri Court of Appeals · 1966
- Couch v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1913
- Beaty v. N. W. Electric Power Cooperative, Inc.Missouri Court of Appeals · 1958
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