Cox v. St. Louis, Memphis & Southeastern Railway Co.
Missouri Court of Appeals
Appeal from Butler Circuit Court. — II. on. J. L. Fort, Judge. (1) In cases in this State, under a statute similar to the present one, the courts hold that railroad companies are not liable for trespass when the company takes material from land for the purpose of constructing its roadbed. Eailroad y. Eailroad, 25 Mo. 550; Leavy y.
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Appeal from Butler Circuit Court. — II. on. J. L. Fort, Judge. (1) In cases in this State, under a statute similar to the present one, the courts hold that railroad companies are not liable for trespass when the company takes material from land for the purpose of constructing its roadbed. Eailroad y. Eailroad, 25 Mo. 550; Leavy y. Eailroad, 38 Mo. 485. (2) Our next contention is that the court erred in overruling defendant’s objection to the testimony on the measure of damages. Bungerstock y. Drainage Co., 163 Mo. 198, 64 S. W. 149; Foncannon v. Kirksville, 88 Mo. 279. The recipient of a…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. Defendant contends that the court erred in admitting evidence in respect to the value of the sand, and in instructing the jury that the measure of damages was the value of the sand removed from the premises by the defendant. The statute, section 4572, R. S. 1899, on which the action is founded, provides: “If any person shall cut down, •injure or destroy or carry away any tree. ... or carry away any stones, ore or minerals, gravel, clay or mould or any ice or other substance or material being a part of the realty......being on land not his own. ... . the person…
2Cases cited8 opinions
- Bungenstock v. Nishnabotna Drainage DistrictSupreme Court of Missouri · 1901
- Henry v. LoweSupreme Court of Missouri · 1880
- Mueller v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1860
- Bailey v. A. Siegel Gas Fixture Co.Missouri Court of Appeals · 1893
- Ring v. Mississippi River Bridge Co.Supreme Court of Missouri · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Beetschen v. Shell Pipe Line Corp.Missouri Court of Appeals · 1952
- Beetschen v. Shell Pipe Line CorporationSupreme Court of Missouri · 1952
- Ridgway v. TTnT Development Corp.Missouri Court of Appeals · 2004
- Barnes v. Arkansas-Missouri Power Co.Missouri Court of Appeals · 1926
- Ritchie v. State Board of AgricultureMissouri Court of Appeals · 1924
2 more not listed; retrieve them via the Exa API.