McKinley v. Chicago, Santa Fe & California Railway Co.
Missouri Court of Appeals
Appeal from the Chariton Circuit Court. — Hon. G. D. Burgess, Judge. Statement by the court. This was an action in trespass to recover damages caused by the alleged unlawful entry by defendant, during the construction of its railroad, upon a farm of one hundred and sixty acres in Chariton county, Missouri.
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Appeal from the Chariton Circuit Court. — Hon. G. D. Burgess, Judge. Statement by the court. This was an action in trespass to recover damages caused by the alleged unlawful entry by defendant, during the construction of its railroad, upon a farm of one hundred and sixty acres in Chariton county, Missouri. The gist of the action as alleged in the petition" was that the defendant, by its agents, etc., “wrongfully and forcibly entered upon said premises, and then and there threw down, and removed and destroyed the fences inclosing said land and the cross fences thereto belonging, and wrongfully…
1Opinion of the CourtEllison, J.
If defendant could on January 12, 1887, the date it let the contract of construction of the road, be charged with knowledge or notice of plaintiff’s rights in the land (if any he had, not having yet taken possession under his lease), it would seem under the cases of Ullman v. Railroad, 67 Mo. 112 and Williamson v. Fischer, 50 Mo. 198, that it would be held as a co-trespasser with the contractors under the idea that it had directed the trespass. That is, it would be held to have contracted for, and directed a trespass against the rights of the tenant. The case shows that defendant at the date…
2Cases cited6 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Hilsdorf v. City of St. LouisSupreme Court of Missouri · 1869
- Barry v. City of St. LouisSupreme Court of Missouri · 1852
- Blumb v. City of KansasSupreme Court of Missouri · 1884
- Williamson v. FischerSupreme Court of Missouri · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Chubb Group of Insurance Companies v. C.F. Murphy & Associates, Inc.Missouri Court of Appeals · 1983
- Vaseleou v. St. Louis Realty & Securities Co.Supreme Court of Missouri · 1939
- Williamson v. Southwestern Bell Tel. Co.Supreme Court of Missouri · 1954
- Scott v. City of SpringfieldMissouri Court of Appeals · 1899
- Railway Co. v. KnottSupreme Court of Arkansas · 1891
1 more not listed; retrieve them via the Exa API.