Howard County v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from Howard' Circuit Court. — Hon. John A. Hockaday, Judge. (1) The evidence of the plaintiff was too indefinite and uncertain upon which to base a verdict. (2) The title of the bridge was not in the county. (Session Acts, 1851, page 337). (3) Plaintiff’s cause of action was barred by the statutes of limitations.
Read the full summary
Appeal from Howard' Circuit Court. — Hon. John A. Hockaday, Judge. (1) The evidence of the plaintiff was too indefinite and uncertain upon which to base a verdict. (2) The title of the bridge was not in the county. (Session Acts, 1851, page 337). (3) Plaintiff’s cause of action was barred by the statutes of limitations. R. S. 1889, sec. 6775; Potvers v. Council Bluffs, 45 Iowa, 652; James v. Kansas City, 83 Mo. 567; Peden v. Railroad, 73 Iowa, 328. (1) The appellant makes three points for the reversal of this case. The first is that the evidence is too indefinite and uncertain to base a…
1Opinion of the CourtBbace, P. J.
This is an action for damages instituted by the plaintiff on the twentieth of June, 1893, in the Howard county circuit court, in which the *654plaintiff obtained judgment for $599 and the defendant appeals.
The gravamen of the charge contained in the petition, is that the defendant, on or about the fifteenth day of August, 1885, threw large quantities of rock and other substances into the bed of Doxey creek in said county, over which the plaintiff had a bridge, at a point in said stream a short distance above said bridge and thereby deflected the current of said stream from the natural course in…
2Cases cited7 opinions
- Dickson v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Van Hoozier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Wells v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1890
- James v. City of KansasSupreme Court of Missouri · 1884
- Bunten v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Smith v. City of SedaliaSupreme Court of Missouri · 1899
- Riggs v. City of SpringfieldSupreme Court of Missouri · 1939
- DeGeofroy v. Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1904
- Canady v. Coeur D'Alene Lumber Co.Idaho Supreme Court · 1911
- State ex rel. Patterson v. TittmannSupreme Court of Missouri · 1896
11 more not listed; retrieve them via the Exa API.