Jones v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. R. P. Owen, Judge. (1) The trial court committed error in refusing the demurrer to the evidence as asked by defendant. Clark’s adm'r v. R. R., 36 Mo. 202; Brainard v. Clapp, 10 Cush. 6. (2) The instruction given for plaintiff was erroneous. Clark's adm’r v. R. R., supra. The instruction was also erroneous in its declaration as to the measure of damages in the event of recovery. Interest is not recoverable in a case of this kind.
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Appeal from Butler Circuit Court. — Hon. R. P. Owen, Judge. (1) The trial court committed error in refusing the demurrer to the evidence as asked by defendant. Clark’s adm'r v. R. R., 36 Mo. 202; Brainard v. Clapp, 10 Cush. 6. (2) The instruction given for plaintiff was erroneous. Clark's adm’r v. R. R., supra. The instruction was also erroneous in its declaration as to the measure of damages in the event of recovery. Interest is not recoverable in a case of this kind. Wade v. R. R., 78 Mo. 365; Kenny v. R. R., 63 Mo. 99. (3) The court erred in refusing to give instruction number two, asked…
1Opinion of the CourtNorton, J.
This is an action for damages in which plaintiff recovered judgment, from which the defendant appeals and assigns for error the action of the court in refusing to instruct the jury that on the pleadings and evidence plaintiff was not entitled to recover. The cause ©f action stated in the petition is, in substance, that the railroad of defendant was constructed through plaintiff’s land in Wayne county, in a northerly and southerly direction, leaving a portion of his land, about fifteen acres along Black river on the west, and twenty acres of cultivated land on the east side of the roadbed.…
2Cases cited3 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- McCormick v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1879
3Cited by11 opinions
- Goll v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1917
- Owen v. City of SpringfieldSupreme Court of Missouri · 1987
- Moss v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1884
- Schneider v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Vollrath v. Wabash R. Co.District Court, W.D. Missouri · 1946
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