Crouch v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from Yernon Circuit Court. — Eon. B. Cf. Thurman, Judge. (1) Instructions numbered 1, 2 and 3 given at the instance of the plaintiff, are fatally erroneous under the rule laid down by this court in Knight Brothers v. Railroad, in that they permit the jury to enter the remote field of conjecture. Knight Brothers v. Railroad, 122 Mo.
Read the full summary
Appeal from Yernon Circuit Court. — Eon. B. Cf. Thurman, Judge. (1) Instructions numbered 1, 2 and 3 given at the instance of the plaintiff, are fatally erroneous under the rule laid down by this court in Knight Brothers v. Railroad, in that they permit the jury to enter the remote field of conjecture. Knight Brothers v. Railroad, 122 Mo. App. 38. (2) The court committed reversible error in permitting the introduction of testimony and instructing the jury as to the rental value of the meadow land at the time of the fire and the cost of reseeding. Where grass roots are destroyed, the injury is…
1Opinion of the CourtBroaddus, P. J.
This is an action for. damages for the destruction of plaintiff’s meadoAV, alleged to have been destroyed by fire set by the negligence of defendant. The petition is in three counts covering three distinct fires. The jury returned a verdict • in favor of plaintiff and defendant appealed. The petition alleged and the evidence showed that the fire completely destroyed the roots of the grass and it is so conceded by defendant. The court instructed the jury that the measure of plaintiff’s damages was the rental value of the land and the cost of reseeding. The question raised on the appeal is one…
2Cases cited12 opinions
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. HixonIndiana Supreme Court · 1887
- Vermilya v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1885
- Adam v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1909
- Atkinson v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Venie v. South Central Enterprises, Inc.Missouri Court of Appeals · 1966
- Couch v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1913
- Miller & Lux Inc. v. PinelliCalifornia Court of Appeal · 1927
- Beaty v. N. W. Electric Power Cooperative, Inc.Missouri Court of Appeals · 1958
- Knowles v. MooreMissouri Court of Appeals · 1981
2 more not listed; retrieve them via the Exa API.