Brady v. Kansas City Cable Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. R. H. Field,. Judge. (1) The court committed error in admitting-incompetent and irrelevant evidence. (2) The instruction, numbered 1, given by the court of its own motion was erroneous. The instructions as to the issues made in it are not supported by any testimony, nor by the pleadings. Brown v. Railroad, 80 Mo'. 457; Taylor v. Railroad, 28 Mo.
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Appeal from Jackson Circuit Court. — Hon. R. H. Field,. Judge. (1) The court committed error in admitting-incompetent and irrelevant evidence. (2) The instruction, numbered 1, given by the court of its own motion was erroneous. The instructions as to the issues made in it are not supported by any testimony, nor by the pleadings. Brown v. Railroad, 80 Mo'. 457; Taylor v. Railroad, 28 Mo. App. 552; Limn v. Railroad, 98 Mo. 652. (3.) The court erred as to the other instructions-given by it. (4) A new trial should be granted because there was no reliable and credible evidence tending to show that…
1Opinion of the CourtBrace, J.
This is an action for damages.
It is charged in the petition that the plaintiff is the owner of lot E in Gladstone Heights Eesurvey (an addition to the City of Kansas); that said lot abuts on Independence avenue, a public highway; that the defendant for the purpose of constructing and operating its railroad thereon, without plaintiff’s consent, entered upon said street in front of the plaintiff’s lot and excavated or caused to be excavated and taken therefrom the soil thereof so as to lower the grade of said road to a depth of. about ten feet in front of plaintiff’s lot lower than it…
2Cited by1 opinion
- Berkson v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1898