Gordon v. Park
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. W. N. Evans, Special Judge. (1) Instructions 2 and 3, given at the request of*' the plaintiffs, do not correctly state the law. When this case was before this court on a former occasion, an extract from Barringer & Adams on Law of Mines & Mining was quoted approvingly.
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Appeal from Boone Circuit Court. — Hon. W. N. Evans, Special Judge. (1) Instructions 2 and 3, given at the request of*' the plaintiffs, do not correctly state the law. When this case was before this court on a former occasion, an extract from Barringer & Adams on Law of Mines & Mining was quoted approvingly. That authority says: “A cessation of operations in accordance with the custom of the neighborhood, or from necessity occasioned by some natural agency, would not be an interruption of the possession.” Gordon v. Park, 202 Mo. 246. This proposition, so firmly established by abundant…
1Opinion of the Court
GRAVES, J. —
This is the second appeal in this case. The former appeal was by the plaintiffs and was heard by Division Two of this court, 202 Mo. 236. The cause was reversed for errors in defendants’ instructions, pointed out in the opinion. Upon a retrial the plaintiffs by a verdict of nine jurors, recovered the possession of the property sued for without damages or rents and profits, and judgment went accordingly.
In the former case, Btjbgess, J., first states certain undisputed facts and certain facts proven by the records, which statement is applicable here, and is as follows:
“This is an…
2Cases cited7 opinions
- Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Wardell v. WatsonSupreme Court of Missouri · 1887
- McGonigle v. DaughertySupreme Court of Missouri · 1879
- Gordon v. ParkSupreme Court of Missouri · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Homan v. Missouri Pacific RailroadSupreme Court of Missouri · 1933
- Piney Oil & Gas Co. v. ScottCourt of Appeals of Kentucky (pre-1976) · 1934
- Toeneboehn v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1927
- Wallace v. HoytCourt of Appeals of Texas · 1920
- Luse v. ParmerCourt of Appeals of Texas · 1920
12 more not listed; retrieve them via the Exa API.