Lindell v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Error to Marion Circuit Court. This was an action against the Hannibal and St. Joseph Bailroad Company to recover the value of timber cut and carried away from the land of the plaintiff, Peter Lindell. The jury found a verdict for the plaintiff, and found the value of the timber taken by the defendant from- the land of the plaintiff to be $1554.35. The plaintiff moved the court for judgment for treble the value of the timber as found by the jury.
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Error to Marion Circuit Court. This was an action against the Hannibal and St. Joseph Bailroad Company to recover the value of timber cut and carried away from the land of the plaintiff, Peter Lindell. The jury found a verdict for the plaintiff, and found the value of the timber taken by the defendant from- the land of the plaintiff to be $1554.35. The plaintiff moved the court for judgment for treble the value of the timber as found by the jury. The court overruled the motion and gave judgment for single damages only. I. The declaration is sufficient under the first section of the “ Act to…
1Opinion of the CourtNapton, Judge
In this case the court refused to treble the damages found by the jury, for the following reason : “ It appears from the record evidence that the entry was made under the second section of an act entitled 4 An act to amend an act entitled ‘ An áct to incorporate the Hannibal and St. Joseph Railroad Company,’ ’ approved February 23, 1853; it further appears from the evidence that the company, after they commenced cutting the timber, applied to H. W. Hollingsworth, a justice of the peace for Marion county, who upon said application appointed three disinterested freeholders of the county to…
2Cases cited1 opinion
- Emerson v. BeavausSupreme Court of Missouri · 1849
3Cited by3 opinions
- Cohn v. NeevesWisconsin Supreme Court · 1876
- Lane v. RuhlMichigan Supreme Court · 1894
- Cox v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905