Mueller v. St. Louis & Iron Mountain Railroad
Supreme Court of Missouri
Appeal from St. Louis Land Court. ' This was an action of trespass for damage done the plaintiff by the Railroad Company, in wrongfully entering upon the lands of plaintiff, and the digging up and carrying away of the soil, &o., of said land.
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Appeal from St. Louis Land Court. ' This was an action of trespass for damage done the plaintiff by the Railroad Company, in wrongfully entering upon the lands of plaintiff, and the digging up and carrying away of the soil, &o., of said land. Defendant asked the following instructions, which were refused by the court below: “1. The jury are instructed that if the acts complained of were done by the defendant for the purpose of building its road on the premises in question, and that no more injury was done Ilian was necessary for that purpose, then the plaintiff is only entitled to recover for…
1Opinion of the CourtNapton, Judge
The only point which occasioned any hesitation in entering an affirmance of this judgment at the last term, is the refusal of the land court, on the trial, to give an instruction, asked by the defendant, to the effect that the plaintiff was not entitled, in this action, to recover the value of the land which the Railroad Company appropriated to their use and upon which their road is constructed and in daily operation. The action is trespass ; and as the damages given by the jury, under the rule for estimating them furnished by the court, seem, from the testimony, to have been a full…
2Cited by10 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. Randolph Town-Site Co.Supreme Court of Missouri · 1890
- Soulard v. City of St. LouisSupreme Court of Missouri · 1865
- Hickerson v. City of MexicoSupreme Court of Missouri · 1874
- McReynolds v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1892
- City of Fort Wayne v. HamiltonIndiana Supreme Court · 1892
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