Robinson v. Moark-Nemo Consolidated Mining Co.
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division No. Two. — Hon. David E. Blair, Judge. (1) The court erred in permitting defendants over plaintiff’s objection to‘prove a contract of Reynolds with Moark-Nemo Company for sale of tailings off the ground, as it did not tend to prove or disprove the issues between plaintiff and defendants.
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Appeal from Jasper County Circuit Court, Division No. Two. — Hon. David E. Blair, Judge. (1) The court erred in permitting defendants over plaintiff’s objection to‘prove a contract of Reynolds with Moark-Nemo Company for sale of tailings off the ground, as it did not tend to prove or disprove the issues between plaintiff and defendants. (2) Defendants Cook and Bendelari being the managers of the Moark-Nemo Mining Company and controlling its mining operations, the trespass of said company could only be committed by its servants, and employees, and all of them being under the control of Cook…
1Opinion of the CourtFarrington, J.
Plaintiff filed Ms petition in the circMt court of Jasper county alleging that the defendant, Moark-Nemo Consolidated Mining Company (hereinafter referred to as “the company”) is a corporation and that he is the owner of a tract of land, comprising about two acres, adjoining land on which the company was engaged in mining and cleaning zinc and lead ore. The petition, after alleging the above facts, continues as follows:
“That the defendants A. E. Bendelari, Fred Cook and Charles Phelps are the agents, servants and employees in charge of said mine and directing and controlling the mining…
Also in this document: Concurrence.
2Cases cited31 opinions
- Doremus v. RootWashington Supreme Court · 1901
- New Orleans & Northeastern Railroad v. JopesSupreme Court of the United States · 1891
- McGinnis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1906
- Nunnelly v. Southern Iron Co.Tennessee Supreme Court · 1895
- Gracey v. City of St. LouisSupreme Court of Missouri · 1908
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3Cited by18 opinions
- Bader v. Mills & Baker Co.Wyoming Supreme Court · 1921
- Curlee v. DonaldsonMissouri Court of Appeals · 1950
- Blankenship v. Kansas Explorations, Inc.Supreme Court of Missouri · 1930
- Gila Water Co. v. Gila Land & Cattle Co.Arizona Supreme Court · 1926
- James H. Forbes Tea & Coffee Co. v. Baltimore BankSupreme Court of Missouri · 1940
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