Kansas City v. Dawley
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. R. H.. Field, Judge. (1) The second instruction asked by and given for the railroad company is not only erroneous, but is ingeniously framed for the purpose of misleading the jury.
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Appeal from the Jackson Circuit Court. — Hon. R. H.. Field, Judge. (1) The second instruction asked by and given for the railroad company is not only erroneous, but is ingeniously framed for the purpose of misleading the jury. This instruction pract! 'ally took from the jury all the testimony in the case relating to the damages done to the land not taken, and then contradicted itself by an intimation that the jury might consider such testimony, and then practically took back that intimation by belittling and ridiculing the effect of that testimony, if perchance the jury should consider it.…
1Opinion of the CourtSmith, P. J.
— This was a proceeding begun by the plaintiff against the defendant for the condemnation of a strip of land for public use containing four and thirty-four-hundredths acres running across the defendant Dawley’s farm, consisting of one hundred and sixty acres. There was a verdict and judgment in favor of the defendant Dawley, from which he appeals.
I. The appealing defendant assails the judgment on the ground that the trial court erred in its action in the giving and refusing of instructions. He challenges the correctness of that given for the plaintiff which told the jury that in estimating…
2Cases cited12 opinions
- Mississippi River Bridge Co. v. RingSupreme Court of Missouri · 1874
- Wyandotte, Kansas City & Northwestern Railway Co. v. WaldoSupreme Court of Missouri · 1879
- Tate v. M., K. & T. Railway Co.Supreme Court of Missouri · 1876
- City of Springfield v. SchmookSupreme Court of Missouri · 1878
- Chicago, Milwaukee & St. Paul Railway Co. v. BakerSupreme Court of Missouri · 1890
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3Cited by6 opinions
- State Ex Rel. State Highway Commission v. MeierSupreme Court of Missouri · 1965
- Cooley v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1899
- Missouri Public Service Co. v. JuergensSupreme Court of Missouri · 1988
- Schrodt v. City of St. JosephMissouri Court of Appeals · 1904
- Dermott v. PriddyMissouri Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.