Casey v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Wayne Circuit Court. — Hon. Joseph J. WilUams_, Judge. The court erred in permitting the plaintiff to prove the relative value of the land upon which the meadow was growing just before and just after the. stock had trampled on the same, as the injury was not permanent. He says his meadow made nothing that spring, but came out the next spring and he had a good stand.
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Appeal from Wayne Circuit Court. — Hon. Joseph J. WilUams_, Judge. The court erred in permitting the plaintiff to prove the relative value of the land upon which the meadow was growing just before and just after the. stock had trampled on the same, as the injury was not permanent. He says his meadow made nothing that spring, but came out the next spring and he had a good stand. In such cases the measure of damages is not the damage to the freehold, but is the value of the meadow at the time of the injury. Buttless v. Railroad, 43 Mo. App. 280. The injury to the land and meadow in this case is…
1Opinion of the CourtGoode, J.
This is an action instituted before a justice of the peace to recover damages for injuries done to a cornstalk pasture consisting of twenty-two acres and plaintiff’s growing meadow and fruit trees. The damages are laid at fifty dollars and double damages prayed. The cause of action is based on the omission of defendant to maintain fencing on its right of way as required by statute, on account of which failure it is alleged that on divers days from March 26, 1904, to January, 1905, horses, mules and other cattle escaped from the railroad right of way onto plaintiff’s cultivated fields and…
2Cases cited1 opinion
- Buttles v. Chicago, Santa Fe & California Railway Co.Missouri Court of Appeals · 1891