Legal Opinion

Peck v. Missouri Pacific Railway Co.

Missouri Court of Appeals

Decided May 10, 1888PublishedCited by 12 opinions

Appeal from Cass Circuit Court, Hon. Charles W. Sloan, Judge. The case and facts are stated in the opinion of the court. I. The action of the circuit court in setting aside the first judgment rendered without any motion made therefor, and rendering another judgment, was unwarranted by law; and the pretended judgment is void.

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Appeal from Cass Circuit Court, Hon. Charles W. Sloan, Judge. The case and facts are stated in the opinion of the court. I. The action of the circuit court in setting aside the first judgment rendered without any motion made therefor, and rendering another judgment, was unwarranted by law; and the pretended judgment is void. Smith v. Best, 42 Mo. 185 ; Lawther v. Agee, 34 Mo. 372; Braclc.ett v. Braclcett, 61 Mo. 221; Henry v. Gibson, 55 Mo. 571. The statutes provide for what causes a finding or judgment may be set aside. No such proceedings were had in this case as are authorized by the…

1Opinion of the CourtPhilips, P. J.

This is an action to recover damages' alleged to have been done to plaintiff’s fence and meadow by fire negligently communicated thereto by one of defendant’s passing locomotives.- The plaintiff recovered judgment; and the important question arising on this appeal is, whether or not there was sufficient evidence introduced by plaintiff to support the verdict..

■The plaintiff testified as to his ownership of the property destroyed, and the extent of the damage. He was not at home when the fire occurred, and did not even see the fire. The only witness whose evidence bears upon the question of…

2Cases cited1 opinion

  1. Sheldon v. Hudson River Rail RoadNew York Supreme Court · 1859

3Cited by12 opinions

  1. Fritz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1912
  2. Spiro v. St. Louis Transit Co.Missouri Court of Appeals · 1903
  3. Maguire v. S. A. L. RailroadSupreme Court of North Carolina · 1911
  4. Glick v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1894
  5. Bates County Bank v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1903

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