Farrar v. Midland Electric Railway Co.
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Hon. J. W. McElhinney, Judge. (1) The measure of damages is the difference in value of the property immediately before the alleged injury and immediately afterwards. St. Louis T. Co. v. Bambrick, 149 Mo. 569; Rives v. Columbia, 80 Mo. App. 173; Morton v. Railroad, 47 Mo. App. 452. (2) Again, plaintiff failed to prove that the construction of the railroad was wrongful. A wrongful áct can not he presumed. It must be proved.
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Appeal from St. Louis County Circuit Court. — Hon. J. W. McElhinney, Judge. (1) The measure of damages is the difference in value of the property immediately before the alleged injury and immediately afterwards. St. Louis T. Co. v. Bambrick, 149 Mo. 569; Rives v. Columbia, 80 Mo. App. 173; Morton v. Railroad, 47 Mo. App. 452. (2) Again, plaintiff failed to prove that the construction of the railroad was wrongful. A wrongful áct can not he presumed. It must be proved. Every one is presumed to do right until the contrary appears. 1 Green on Ev. (12 Ed.), 34, 35; Choteau v. Steamboat, 11 Mo.…
1Opinion of the CourtReyburn, J.
Plaintiff's cause of action contained averments' of defendant’s incorporation for the purpose of constructing and operating a street railway in the city and county of St. Louis; the ownership by plaintiff as trustee of fealty described in St. Louis county, having a frontage along the south side of Page avenue of 673 feet, commencing 110 feet west of Emmett avenue and extending westwardly. That such realty was on and in some places above the grade of Page avenue; that subsequent to the time plaintiff became the owner, defendant constructed and then maintained a street railway along the full…
2Cases cited8 opinions
- Lackland v. North Missouri RailroadSupreme Court of Missouri · 1860
- Sheehy v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1887
- Sherlock v. Kansas City Belt Railway Co.Supreme Court of Missouri · 1897
- St. Louis Trust Co. v. BambrickSupreme Court of Missouri · 1899
- Cross v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
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3Cited by2 opinions
- Lentell v. Boston & Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Robinson v. Springfield Southwestern Railway Co.Missouri Court of Appeals · 1910