Hayes v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Butler County Circuit Court.—Hon. J. C. Sheppard, Judge. The trial court erred in refusing to direct a verdict for the defendant at the close of all of the evidence because the undisputed testimony shows conclusively that plaintiff’s action was and is barred by limitation.
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Appeal from Butler County Circuit Court.—Hon. J. C. Sheppard, Judge. The trial court erred in refusing to direct a verdict for the defendant at the close of all of the evidence because the undisputed testimony shows conclusively that plaintiff’s action was and is barred by limitation. Powers v. Eailroad, 158 Mo. 87; Sutherland on Damages, pp. 403-407; Adams v. Eailroad, 18 Minn. 265;, Powers v. Council Bluffs, 45 Iowa, 655; Powle v. New Haven Co., 112 Mass. 334; Levee District v. Barton, 92 Ark. 406; Eailroad v. McCutchin, 80 Ark. 235; Railroad v. Biggs, 52 Ark. 240; Railroad v. Morris, 35…
1Opinion of the CourtSturgis, J.
The plaintiff owns a farm along the east side of St. Francis river in Stoddard county, Missouri. He acquired this land in 1909 and 1910. The defendant railroad was constructed across this land by another railroad company in 1902, and was purchased by the defendant company in 1907, and has been operated by it since that time. This suit, commenced in 1911, is for damages to plaintiff’s farm and crops alleged to have been caused by the railroad embankment causing the water to back up and overflow such land. The plaintiff recovered and defendant appeals.
The plaintiff’s petition is in' three…
Also in this document: Concurrence.
2Cases cited39 opinions
- Paddock v. SomesSupreme Court of Missouri · 1890
- Finney v. BerrySupreme Court of Missouri · 1875
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
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3Cited by18 opinions
- Harrisonville v. W. S. Dickey Clay Manufacturing Co.Supreme Court of the United States · 1933
- Riggs v. City of SpringfieldSupreme Court of Missouri · 1939
- Shelley v. Ozark Pipe Line CorporationSupreme Court of Missouri · 1931
- Rebel v. Big Tarkio Drainage District of Holt CityMissouri Court of Appeals · 1980
- Spain v. City of Cape GirardeauMissouri Court of Appeals · 1972
13 more not listed; retrieve them via the Exa API.