Legal Opinion

Watson v. Matson

Missouri Court of Appeals

Decided May 5, 1914PublishedCited by 2 opinions

Appeal from Balls Circuit Court.—Hon. Chas. E. Bendlen, Special Judge. (1) The refusal of instruction number 2 asked by defendant was reversible error. Porter v. Graines, 151 Mo. 560; City of St. Louis v. Meyer, 13 Mo.

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Appeal from Balls Circuit Court.—Hon. Chas. E. Bendlen, Special Judge. (1) The refusal of instruction number 2 asked by defendant was reversible error. Porter v. Graines, 151 Mo. 560; City of St. Louis v. Meyer, 13 Mo. App. 383; s. c. 87 Mo. 276. (2) Tbe refusal of tbe defendant’s demurrer to tbe evidence was reversible error, for tbe reasons assigned under point I. (3) Tbe two black oak trees cut by tbe defendant were standing on tbe south side of tbe traveled track of tbe road and within six feet of Matson’s fence, as shown by tbe plaintiff’s . evidence and by all tbe evidence. Tbe finding…

1Opinion of the CourtNortoni, J.

This is a suit for damages accrued through an alleged trespass. Plaintiff recovered a judgment of twenty dollars and defendant prosecutes the appeal.

The controversy pertains to the value of four trees which stood in the public road and were cut down by defendant as though they belonged to him. It appears plaintiff and defendant own adjoining farms, but a public road passes between them. Plaintiff’s land lies north of that of defendant, and it is said a portion of the public road is upon it. On the other hand, defendant insists that all of the public road is located on his land. The several…

2Cases cited2 opinions

  1. Brunn v. Kansas CitySupreme Court of Missouri · 1909
  2. Carter v. SpracklinSupreme Court of Missouri · 1912

3Cited by2 opinions

  1. Moschale v. MockMissouri Court of Appeals · 1979
  2. City of Marshfield v. HaggardMissouri Court of Appeals · 1957

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