Carter v. Wabash Railroad
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. Jas. D. Barnett, Judge. (1) The court resisted every effort of the defendant to establish the rental value of the lands either before or after the fire. Clark v. Banks, 6 Hous. 584; Sedgwick on Dam.
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Appeal from Audrain Circuit Court. — Hon. Jas. D. Barnett, Judge. (1) The court resisted every effort of the defendant to establish the rental value of the lands either before or after the fire. Clark v. Banks, 6 Hous. 584; Sedgwick on Dam. (8 Ed.), secs. 70-72, 1022; Schlemmer v. Worth, 32 Mo. 206; Hughes v. Hood, 50 Mo. 350. (2) Plaintiff’s instruction numbered 4, as to the measure of damages, telling the jury to allow the difference in value at harvest time between the stand of grass actually produced on the burned land and the stand of grass which the evidence showed would have been…
1Opinion of the CourtBland, P. J.
Plaintiff was the lessee of one hundred and seventy-five acres of meadoAV and pasture lands adjacent to defendant’s railroad track in Audrain county, Missouri. He held by a written lease and his term began March 1, 1905, and terminated March 1, 1906. The lease; provided that “none of said lands is to be plowed but used only for grazing purposes and for cutting hay.” Eighty acres of the land lying adjacent to the railroad was in meadow. On March eleventh and again on March 12, 1905, defendant’s loco*60motive engines set fire to the meadow and burned over from twenty to twenty-five acres of it.…
2Cases cited13 opinions
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Schile v. . BrokhahusNew York Court of Appeals · 1880
- 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
- People's Ice Co. v. The Steamer "Excelsior."Michigan Supreme Court · 1880
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- United States Smelting Co. v. SisamCourt of Appeals for the Eighth Circuit · 1911
- Venie v. South Central Enterprises, Inc.Missouri Court of Appeals · 1966
- Anderson v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1908
- Couch v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1913
- Mattis v. St. Louis & San Franciso RailroadMissouri Court of Appeals · 1909
6 more not listed; retrieve them via the Exa API.