Shannon v. Hannibal & St. Joseph Railway Co.
Missouri Court of Appeals
Mppeal from the Marion Circuit Court. — Hon. Thomas H. Bacon, Judge. The apple trees and hedge were part of the land; the injury was an injury to the inheritance, and the-measure of plaintiff’s damage is the difference in the-value of the land before and after the injury. The distinction between fruit trees and ornamental or shade trees on the one hand and .timber trees on the other is well marked.
Read the full summary
Mppeal from the Marion Circuit Court. — Hon. Thomas H. Bacon, Judge. The apple trees and hedge were part of the land; the injury was an injury to the inheritance, and the-measure of plaintiff’s damage is the difference in the-value of the land before and after the injury. The distinction between fruit trees and ornamental or shade trees on the one hand and .timber trees on the other is well marked. The timber tree has a value of itself' as a convertible- marketable commodity, independent-of the land on which it stands. The former have-no value except as connected with the land of which they…
1Opinion of the CourtBond, J.
— This action was brought for the negligent injury and destruction by fire of four hundred and sixty-two feet of hedge fence, and six apple trees standing on the lot of the respondent. The evidence tended to prove that five apple trees and about four hundred and sixty-two feet of Osage hedge were consumed by fire, negligently or willfully communicated by the act of defendant’s servants, engaged in burning out its right of way as required by section 2614 of the Revised Statutes of 1889. There was a verdict and judgment for plaintiff, from which defendant took an appeal to this court, whereon…
2Cases cited3 opinions
- Whitbeck v. New York Central Rail RoadNew York Supreme Court · 1862
- State v. ElvinsSupreme Court of Missouri · 1890
- Holliman v. CabanneSupreme Court of Missouri · 1869
3Cited by17 opinions
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Cooley v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1899
- Griffing Bros. v. WinfieldSupreme Court of Florida · 1907
- Williams v. Elm City Lumber Co.Supreme Court of North Carolina · 1911
- Cleveland School District v. Great Northern Railway Co.North Dakota Supreme Court · 1910
12 more not listed; retrieve them via the Exa API.