Silver v. Kansas City, St. Louis & Chicago Railway Co.
Missouri Court of Appeals
Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. Statement of case by tlie court. In the spring of 1878 defendant commenced the location and construction of a railroad from Mexico to Kansas City. About March it commenced grading its road from Mexico, commencing at several points west of Mexico at the same time. The construction of the road was done by the Chicago & Alton Railway Company, under contract with defendant.
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Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. Statement of case by tlie court. In the spring of 1878 defendant commenced the location and construction of a railroad from Mexico to Kansas City. About March it commenced grading its road from Mexico, commencing at several points west of Mexico at the same time. The construction of the road was done by the Chicago & Alton Railway Company, under contract with defendant. Plaintiff owned forty acres of land inclosed by fence, about four miles west of Mexico, through which the road as located passed. The grading was commenced on…
1Opinion of the CourtEllison, J.
— This cause was before the supreme court of this state on plaintiff’s appeal and is found reported in 78 Mo. 528. On a re-trial plaintiff amended his petition, omitting the two common law counts and materially changing the third count in the original petition. The third count in the original petition is the second count in the petition as amended. Objection was made to this amendment and defendant endeavored to have it stricken out, but the court overruled its motion to that effect.
We are relieved of the necessity of passing on the .correctness of the court’s action in overruling this motion…
2Cases cited4 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- White v. ChaneyMissouri Court of Appeals · 1886
- Silver v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1883
- Crone v. DawsonMissouri Court of Appeals · 1885
3Cited by13 opinions
- E. B. Hayes Machinery Co. v. EasthamSupreme Court of Louisiana · 1920
- Sauter v. LeveridgeSupreme Court of Missouri · 1890
- Lewis v. City of LibertyMissouri Court of Appeals · 1980
- T. W. Barhydt & Co. v. G. N. Alexander & Co.Missouri Court of Appeals · 1894
- Moore v. KeeseyWashington Supreme Court · 1946
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