Humphrey v. Chicago, Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from Platte Circuit Court. — How. Alonzo D, 'Burnes, Judge. (1) There being no evidence to support the allegations, in counts one and two of the petition, of what caused the damage, but the evidence being that the damages resulted from causes not alleged1 in said counts, the demurrer to the evidence at the close of all the evidence should have been sustained.
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Appeal from Platte Circuit Court. — How. Alonzo D, 'Burnes, Judge. (1) There being no evidence to support the allegations, in counts one and two of the petition, of what caused the damage, but the evidence being that the damages resulted from causes not alleged1 in said counts, the demurrer to the evidence at the close of all the evidence should have been sustained. Dunham v. Joice, 129 Mo. 5; Hite v. Railroad, 130 Mo. 132; Hunt v. Railroad, 89 Mo. 607. (2) Section 1110', R. S; of Mo., under which third count of the petition was drawn, was so amended1 in 1907, which amendment was in effect at…
1Opinion of the CourtEllison, J.
Plaintiff’s action was instituted to recover damages for the destruction of his crops of corn and-wheat. He recovered judgment in the trial court.
It appears that plaintiff was occupying a farm in the Missouri River bottom and that defendant built a line of'railway just east of plaintiff’s land, and also-a “spur” connected with the main line. The road crossed two creeks which “headed” up in the bluffs to the east and ran through the bottom land emptying into the Missouri River off to the west. The road was built by constructing an embankment and where it crossed these creeks concrete culverts…
2Cases cited3 opinions
- Brownell v. Pacific RailroadSupreme Court of Missouri · 1871
- Zellars v. Missouri Water & Light Co.Missouri Court of Appeals · 1902
- Terry v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1886
3Cited by3 opinions
- Kansas City Power & Light Co. v. Bibb & Associates, Inc.Missouri Court of Appeals · 2006
- State Ex Rel. Missouri Pacific Railroad v. AllenSupreme Court of Missouri · 1924
- State Ex Rel. Missouri Pacific Railroad v. AllenSupreme Court of Missouri · 1924