Schmidt v. Densmore
Supreme Court of Missouri
.dppeal from Livingston Circuit Court. I. It was error for tbe District Court to reverse the judgment of the Circuit Court on the ground of the smallness of the amount of the judgment, without any appeal on the part of the plaintiff. H. The appellant’s defense was complete, as he acted under the authority of the county road commissioner; and the Circuit Court erred in refusing to instruct the jury to that effect.
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.dppeal from Livingston Circuit Court. I. It was error for tbe District Court to reverse the judgment of the Circuit Court on the ground of the smallness of the amount of the judgment, without any appeal on the part of the plaintiff. H. The appellant’s defense was complete, as he acted under the authority of the county road commissioner; and the Circuit Court erred in refusing to instruct the jury to that effect. (Gen. Stat. 1865, p. 299, §§ 20, 21, 22; 36 Mo. 543-6 ; Pierce on Am. Rail. 168, and authorities therein referred to ; 31 Me. 215, 216 ; 4 Wend. 668 ; 12 Mass. 466, 364.) HI. The act…
1Opinion of the Court 1
Holmes, Judge,
delivered the following opinion.
The petition appears to have been framed under an act concerning trespasses (Gen. Stat. 1865, ch. 76). The answer admitted the cutting of the timber as alleged, but justified the act under the provision of the statute concerning bridges (Gen. Stat. *2281865, ch. 53). The evidence on- the part of the defendant showed that he was the contractor or undertaker, under the road commissioners of the county of Livingston, by a written contract dated September 6, 1866, for the building of a county bridge over Shoal Creek, in said county, in accordance with…
Also in this document: Opinion of the Court · Washer.
2Cases cited2 opinions
- Wolcott v. Lawrence CountySupreme Court of Missouri · 1858
- Baker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1865
3Cited by8 opinions
- Georgia Railroad & Banking Co. v. Mayor of Union PointSupreme Court of Georgia · 1904
- Commissioners of Beaufort County v. BonnerSupreme Court of North Carolina · 1910
- Kidd v. BrewerSupreme Court of Missouri · 1927
- Brown v. CarterSupreme Court of Missouri · 1873
- Pitt v. DanielMissouri Court of Appeals · 1899
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