Walker v. Davis
Missouri Court of Appeals
Appeal from the Laclede Circuit Court. — Hon. L. B. Wooclside, Judge. (1) Trespass is limited to injuries directly inflicted and compensation is awarded for actual value -of property destroyed. This is an action on case for nuisance. 26 Ency. of Law, p. 674; 3 Black, Com., p. 215; Cooley on Torts [2 Ed.], p. 670; Paddock v. Somers, 102 Mo. 237. (2) The trespass statute (sec. 8675, E. S. 1889) does not cover drifts.
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Appeal from the Laclede Circuit Court. — Hon. L. B. Wooclside, Judge. (1) Trespass is limited to injuries directly inflicted and compensation is awarded for actual value -of property destroyed. This is an action on case for nuisance. 26 Ency. of Law, p. 674; 3 Black, Com., p. 215; Cooley on Torts [2 Ed.], p. 670; Paddock v. Somers, 102 Mo. 237. (2) The trespass statute (sec. 8675, E. S. 1889) does not cover drifts. This statute very specifically enumerates the articles for whose destruction the triple damages penalty may be -awarded'— “timber, rails and wood” — and very clearly drift is not…
1Opinion of the CourtBiggs, J.
The plaintiff is the owner of a tract of land situated on the Gasconade river. A portion of the land is in cultivation, and it is all subject to overflow. The plaintiff left the trees standing near the bank of the stream in order to catch and retain the drift wood. A drift of considerable dimensions consisting of logs, railroad ties and rails was thereby formed, which the plaintiff claimed prevented the waters overflowing the banks of the stream from washing tbe soil from his land. The defendant is the owner of a farm on the opposite side of the river. Acting under the belief that the drift…
2Cases cited1 opinion
- Madden v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
3Cited by3 opinions
- State Ex Rel. State Highway Commission v. WarnerMissouri Court of Appeals · 1962
- Standley v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1906
- Village of Salem v. CoffeyMissouri Court of Appeals · 1905