Robinson v. Springfield Southwestern Railway Co.
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Eon. James T. Neville, Judge. Under these circumstances, if plaintiff in fact sustained any damage, it was merely incidental to a proper and lawful change made in the road by the county court for the common good, for which the defendant cannot be held liable in this action. Reardon v. St. Louis Coiinty, 36 Mo. 555; Swinneford v. Franklin Co., 73 Mo. 279; Abbott v. Railway, 83 M'o. 277; Foster y. Kansas City, 114 Mo. App. 731; Seibert y.
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Appeal from Greene Circuit Court. — Eon. James T. Neville, Judge. Under these circumstances, if plaintiff in fact sustained any damage, it was merely incidental to a proper and lawful change made in the road by the county court for the common good, for which the defendant cannot be held liable in this action. Reardon v. St. Louis Coiinty, 36 Mo. 555; Swinneford v. Franklin Co., 73 Mo. 279; Abbott v. Railway, 83 M'o. 277; Foster y. Kansas City, 114 Mo. App. 731; Seibert y. Railroad, 188 Mo. 672; Lewis v. Railway, 162 N. Y. 226; Sander y. New York, 182 N. Y. 400; Conklin y. Railway, 102 N. Y.…
1Opinion of the CourtNixon, P. J.
The petition in this case presents a cause of action for damages, and charges that the respondent (now deceased) owned a lot on the north side of College street ,road, about one hundred and fifty feet west of the city limits of Springfield, fronting ninety-five feet on said road and running back to a depth of *272one hundred and ninety feet. It appears that this property was improved by having built thereon a four-room house and a barn, and trees were planted on the lot. Prior to the injury complained of, the said tract of land is alleged to have been on a level with the said road so that the…
2Cases cited3 opinions
- DeGeofroy v. Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1904
- Wallace v. Kansas City & Southern Railway Co.Missouri Court of Appeals · 1892
- Farrar v. Midland Electric Railway Co.Missouri Court of Appeals · 1903